EPA v. ROCHESTER, INDIANA (U.S. V.)

Case summary

BRIEF SYNOPSIS OF THE CASE THE CITY OF ROCHESTER OWNS AND OPERATES A MUNICIPAL WASTEWATER TREATMENT PLANT. ROCHESTER HAS CONSISTENTLY FAILED TO MEET THE LIMITS CONTAINED IN ITS NPDES PERMIT SINCE THE MOST RECENT PERMIT WAS ISSUED IN FEBRUARY 1982. THE PERMIT'S LIMITS FOR FIVE DAY BIOCHEMICAL OXYGEN DEMAND (BOD5) HAVE BEEN EXCEEDED DURING EACH AND EVERY MONTH SINCE FEBRUARY 1982, WHILE THE LIMITS FOR SUSPENDED SOLIDS HAVE EXCEEDED DURING AT LEAST TWELVE SEPARATE MONTHS. ROCHESTER HAD PROBLEMS MEETING THE LIMITS CONTAINED IN ITS PRIOR NPDES PERMIT, AND REGION V HAS BEEN PURSUING INFORMAL AND ADMIN- ISTRATIVE ENFORCEMENT ACTION SINCE 1980 WITHOUT NOTABLE SUCCESS. ROCHESTER WILL PROBABLY HAVE TO CONSTRUCT NEW WASTEWATER TREATMENT FACILITIES IN ORDER TO COMPLY WITH ITS NPDES PERMIT, YET HAS FAILED TO SUBMIT AN APPROVABLE FACILITIES PLAN, WHICH IS NECESSARY TO OBTAIN EPA CONSTRUC- TION GRANT FUNDS. ALTHOUGH ROCHESTER'S COMPLIANCE RECORD HAS BEEN CON- SISTENTLY BAD, IN RECENT MONTHS IT HAS DETERIORATED EVEN MORE. REGION V HAS RECEIVED ALLEGATIONS THAT ROCHESTER IS NOT COMMITTING SUFFICIENT RESOURCES TO OPERATE AND MAINTAIN THE FACILITY PROPERLY, AND IS NOT ENFORCING ITS SEWER USE ORDINANCE. AS A RESULT, THE ROCHESTER WASTEWATER TREATMENT PLANT IS CONTRIBUTING TO THE DEGRADATION OF MILL CREEK AND THE TIPPECANOE RIVER, AND CREATING A POTENTIAL THREAT TO PUBLIC HEALTH. IT WOULD BE DESIRABLE TO OBTAIN A JUDICIALLY ENFORCE- ABLE CONSENT DECREE TO COMPEL ROCHESTER TO TAKE THE NECES- SARY MEASURES TO COME INTO COMPLIANCE WITH ITS NPDES PERMIT. IN VIEW OF THE CLEAR-CUT NATURE OF THE VIOLATIONS IN THIS CASE, IT SHOULD BE POSSIBLE TO NEGOTIATE SUCH A DECREE, AND TO INCLUDE MILESTONES FOR COMPLETION OF THE NECESSARY IM- PROVEMENTS.

Defendants (2)

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

Facilities (1)

• ROCHESTER WWTP

  610 MONTICELLO, ROCHESTER, IN, 46975

  Registry ID: 110000731995

Statutes cited

• CWA 311 — Oil and Hazardous Substance Liability
• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• ROCHESTER, CITY OFentered 1987-03-27

  Primary law: CWA

  Federal penalty: $25,000

Timeline (9 milestones)

• 1984-02-08Enforcement Action Data Entered
• 1984-03-29Referred To Headquarters
• 1984-04-20Referred To Dept Of Justice
• 1984-07-12Referred TO U.S. Attorney
• 1984-08-23Complaint Filed With Court
• 1987-03-27Final Order Lodged
• 1987-03-27Final Order Entered
• 1987-03-27Concluded
• 1990-11-05Enforcement Action Closed