EPA v. CLARKSVILLE (U.S.A. V.)

Case summary

NATURE OF CASE THE DEFENDANTS NAMED IN THIS REFERRAL ARE THE TOWN OF CLARKSVILLE, INDIANA, AND THE STATE OF INDIANA. THE DEFENDANT TOWN OPERATES TWO MUNICIPAL WASTEWATER TREATMENT FACILITIES, EACH OF WHICH IS DESIGNED TO HANDLE 0.9 MILLION GALLONS OF WASTEWATER PER DAY. SINCE 1981, THE TOWN HAS BEEN IN VIOLATION OF THE CLEAN WATER ACT, 33 U.S.C. SECTION 1311 ET SEQ. BOTH THE NORTH AND THE SOUTH CLARKSVILLE WASTEWATER TREATMENT FACILITIES HAVE HAD SERIOUS AND RECURRING VIOLATIONS OF THE EFFLUENT LIMITATIONS CON- TAINED IN THEIR RESPECTIVE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS. THE TOWN HAS EXPERI- ENCED SIGNIFICANT AND RECURRING VIOLATIONS OF BIOCHEMICAL OXYGEN DEMAND, SUSPENDED SOLIDS AND FECAL COLIFORM PARA- METERS AT BOTH ITS PLANTS. U.S. EPA ISSUED ADMINISTRATIVE ORDERS TO THE TOWN ON DECEMBER 21, 1982, AND SEPTEMBER 9, 1983. IN RESPONSE TO THE ADMINISTRATIVE ORDER ISSUED DECEMBER 21, 1982, THE TOWN SUBMITTED A FACILITIES PLAN TO THE INDIANA STATE BOARD OF HEALTH AND U.S. EPA, SEEKING A FEDERAL GRANT FOR THE CONSTRUCTION OF A NEW WASTEWATER TREATMENT PLANT THAT WOULD REPLACE THE TWO EXISTING WASTE- WATER TREATMENT PLANTS. THAT PLAN WAS NOT CERTIFIED BY THE STATE OF INDIANA BUT WAS RETURNED TO THE TOWN FOR MODIFICA- TIONS. DURING THIS INTERIM, THE NEW STATE PROJECT PRIORITY FOR GRANT FUNDING WAS REVISED AND THE TOWN FELL BELOW THE FUNDABLE RANGE. REGION V ISSUED A SECOND ADMINISTRATIVE ORDER ON SEPTEMBER 9, 1983. THE SECOND ORDER SUPERSEDED THE EARLIER ORDER, AND REQUIRED THE TOWN TO PROVIDE A CERTIFICATION THAT IT WOULD COMPLY WITH THE TERMS OF THE ORDER. THESE, IN TURN, REQUIRED THE TOWN TO SUBMIT (1) A MUNICIPAL COMPLIANCE PLAN (MCP), (2) A SCHEDULE FOR IMPLEMENTATION OF THE MCP, (3) IN- FORMATION CONCERNING THE METHOD OF FINANCING THE MCP, AND (4) A REPORT ON OPERATION AND MAINTENANCE MODIFICATIONS WHICH WOULD BE IMPLEMENTED TO ACHIEVE THE BEST POSSIBLE EFFLUENT. THE TOWN DID NOT RESPOND TO THE ORDER IN A SATIS- FACTORY MANNER. SINCE U.S. EPA ISSUED THE SEPTEMBER 9, 1983, ORDER, THE STATE OF INDIANA HAS RECALCULATED ITS PRIORITY LIST. AS A RESULT, IT DOES APPEAR THAT CLARKSVILLE IS WITHIN FUNDING RANGE. THIS WOULD MAKE THE TOWN ELIGIBLE FOR A CONSTRUC- TION GRANT, IF THE TOWN'S PROJECTS QUALIFY. BECAUSE OF THIS, I SUBMIT THAT NEGOTIATIONS OF A CONSENT DECREE WILL BE THE APPROPRIATE VEHICLE TO RESOLVE THESE MATTERS. OF CONSIDERABLE IMPORTANCE TO U.S. EPA'S REVIEW AND HANDLING OF THIS MATTER IS THE FACT THAT THE U.S. DEPARTMENT OF THE INTERIOR HAS DESIGNATED THAT PORTION OF THE OHIO RIVER IN THE IMMEDIATE VICINITY OF BOTH PLANTS A NATIONAL NATURAL LANDMARK. UNDER THE NATIONAL ENVIRONMENTAL POLICY ACT, U.S. EPA SHOULD CONSIDER THIS DESIGNATION IN ASSESSING ANY ACTION UNDERTAKEN. THESE CASES SHOULD NOT PRESENT ANY FACTUAL OR LEGAL ISSUES OF A PRECEDENTIAL NATURE. THE CASES ARE SIGNFICANT, HOWEVER, IN OUR ATTEMPT TO COMMIT MUNICIPALITIES TO SUBMIT SCHEDULES FOR IMPLEMENTATION OF A FULL COMPLIANCE PROGRAM, IRRESPECTIVE OF FEDERAL CONSTRUCTION ASSISTANCE. I BELIEVE THAT THE FILING OF THIS CIVIL ACTION WILL INCREASE THE LIKE- LIHOOD OF MUNICIPALITIES' SUBMITTING REALISTIC SCHEDULES FOR ACHIEVING FULL COMPLIANCE WITH THE CLEAN WATER ACT.

Defendants (2)

• CLARKSVILLE, IN, CITY OFNamed in complaintNamed in settlement
• INDIANA, STATE OFNamed in complaintNamed in settlement

Facilities (2)

• CLARKSVILLE WWTP NORTH PLANT

  2513 BLACKISTON MILL RD, CLARKSVILLE, IN, 47129

  Registry ID: 110010735614

• CLARKSVILLE WWTP SOUTHSIDE

  805 S SHERWOOD AVE, CLARKSVILLE, IN, 47129

  Registry ID: 110010598264

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CLARKSVILLE, TOWN OFentered 1986-03-20

  Primary law: CWA

  Federal penalty: $15,000

Timeline (9 milestones)

• 1984-02-08Enforcement Action Data Entered
• 1984-03-28Referred To Headquarters
• 1984-04-25Referred To Dept Of Justice
• 1984-07-09Referred TO U.S. Attorney
• 1984-07-19Complaint Filed With Court
• 1986-03-20Concluded
• 1986-03-20Final Order Lodged
• 1986-03-20Final Order Entered
• 1990-03-20Enforcement Action Closed