EPA v. MUNCIE, CITY OF (MUNCIE SANITARY DIST)

Case summary

SYNOPSIS OF THE CASE AS DETAILED MORE FULLY IN THE LITIGATION REPORT, THE CITY OF MUNCIE'S WASTEWATER TREATMENT PLANT HAS BEEN IN CONTINUOUS VIOLATION OF APPLICABLE NPDES PERMIT LIMITATIONS SINCE 1981. THIS CAN BE ATTRIBUTED TO MUNCIE'S FAILURE TO EFFECTIVELY REMOVE SLUDGE SOLIDS FROM THE WASTEWATER TREAT- MENT PROCESS AND EXCESSIVE OVERLOADING OF INFLUENT ON THE EXISTING FACILITY. BOTH OF THESE PROBLEMS CONTRIBUTE TO A LARGE SLUDGE BUILD-UP IMMEDIATELY DOWNSTREAM FROM THE MSD. BOTH THE INDIANA STATE BOARD OF HEALTH AND THE U.S. EPA HAVE ISSUED ADMINISTRATIVE ORDERS REQUIRING COMPLIANCE. NEVERTHELESS, MUNCIE HAS FAILED TO REMEDY ITS SLUDGE REMOVAL AND HYDRAULIC OVERLOADING PROBLEMS. U.S. EPA WILL SEEK A FEDERALLY ENFORCEABLE ORDER WHICH PROVIDES FOR AN IMMEDIATE AND SATISFACTORY REDUCTION IN THE FACILITY'S SOLIDS INVENTORY, THE COMMITMENT BY MUNCIE TO A CONSTRUCTION SCHEDULE FOR UPGRADING THE FACILITY, APPR0- PRIATE PENALTIES FOR PAST VIOLATIONS, AND STIPULATED PENALTIES FOR FUTURE VIOLATIONS OF THE CLEAN WATER ACT.

Defendants (2)

• MUNCIE SANITARY DISTRICTNamed in complaintNamed in settlement
• MUNCIE, IN, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• MUNCIE WWTP (MUNCIE SANITARY DISTRICT)

  5151 KILGORE AVE, MUNCIE, IN, 47304

  Registry ID: 110000565022

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 405 — Sewage Sludge Disposal

Enforcement conclusions (1)

• MUNCIE, CITY OFentered 1986-05-07

  Primary law: CWA

  Federal penalty: $75,000

Timeline (8 milestones)

• 1984-02-08Enforcement Action Data Entered
• 1984-03-28Referred To Headquarters
• 1984-04-24Referred To Dept Of Justice
• 1984-09-24Complaint Filed With Court
• 1986-05-07Final Order Lodged
• 1986-05-07Final Order Entered
• 1986-05-07Concluded
• 1990-03-27Enforcement Action Closed