EPA v. ELYRIA, CITY OF (ELYRIA STP)

Case summary

SYNOPSIS OF THE CASE THE CITY OF ELYRIA, OHIO (ELYRIA), HAS OPERATED ITS WASTEWATER TREATMENT PLANT IN VIOLATION OF ITS FINAL NPDES PERMIT LIMITATIONS SINCE JULY 1, 1977. THROUGH AN EXERCISE OF THEIR ENFORCEMENT DISCRETION, HOWEVER, THE OHIO ENVIRON- MENTAL PROTECTION AGENCY AND U.S. EPA ISSUED AN ENFORCEMENT COMPLIANCE SCHEDULE LETTER (ECSL) TO THE CITY. THE ECSL GAVE THE CITY ADDITIONAL TIME WITHIN WHICH TO COMPLY WITH APPLICABLE NPDES PERMIT REQUIREMENTS PROVIDED CERTAIN ACTIONS WERE TAKEN BY THE CITY. ON SEPTEMBER 1, 1983, U.S. EPA ISSUED AN ADMINISTRATIVE ORDER TO THE CITY. THIS ADMINISTRATIVE ORDER, ISSUED PUR- SUANT TO SECTION 309 OF THE CLEAN WATER ACT, ON ITS FACE RE- VOKED THE ECSL. THE ORDER FOUND, AMONG OTHER THINGS, THAT ELYRIA HAD FAILED TO ACHIEVE COMPLIANCE WITH FINAL PERMIT LIMITATIONS, THAT ADDITIONAL CONSTRUCTION AND IMPROVEMENTS WOULD BE REQUIRED TO BRING ELYRIA'S WASTEWATER TREATMENT PLANT INTO COMPLIANCE, AND, MOST IMPORTANTLY, THAT FEDERAL CONSTRUCTION GRANT MONIES WOULD NOT BE AVAILABLE TO THE CITY OF ELYRIA TO DEVELOP A MUNICIPAL COMPLIANCE PLAN (MCP) BY DECEMBER 1, 1984, TO EXAMINE FINANCING MECHANISMS AVAILABLE TO ACHIEVE THIS COMPLIANCE, AND TO EVALUATE VARIOUS TREAT- MENT TECHNOLOGIES AVAILABLE TO EFFECT COMPLIANCE. UNFORTUNATELY, THE CITY'S RESPONSE WAS INTRANSIGENT: FEDERAL CONSTRUCTION GRANT MONIES ARE A PREREQUISITE TO THE CITY'S ACHIEVING COMPLIANCE. REGION V SUBMITS THAT THE CITY OF ELYRIA'S POSITION ON AVAILABILITY OF FEDERAL FUNDS IS LEGALLY INCORRECT. IN ADDITION, THE ECONOMIC ANALYSIS CONTAINED AS AN ATTACHMENT TO THE LITIGATION REFERRAL DEMONSTRATES, QUITE CONCLUSIVELY, THAT THE REQUIRED EXPANSION AND CONSTRUCTION PROJECT COULD BE FINANCED LOCALLY WITHOUT SIGNIFICANT ADVERSE ECONOMIC IMPACT.

Defendants (2)

• CITY OF OHIONamed in complaintNamed in settlement
• ELYRIA, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• ELYRIA WWTP CITY OF

  328 BROAD ST, ELYRIA, OH, 44035

  Registry ID: 110010758331

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ELYRIA, CITY OFentered 1986-05-19

  Primary law: CWA

  Federal penalty: $130,000

Timeline (9 milestones)

• 1984-02-07Enforcement Action Data Entered
• 1984-03-27Referred To Headquarters
• 1984-04-25Referred To Dept Of Justice
• 1984-07-30Referred TO U.S. Attorney
• 1984-12-04Complaint Filed With Court
• 1986-05-19Final Order Lodged
• 1986-05-19Final Order Entered
• 1986-05-19Concluded
• 1986-05-19Enforcement Action Closed