EPA v. BEDFORD-CITY OF

Case summary

SYNOPSIS OF THE CASE THE CITY OF BEDFORD, OHIO (BEDFORD) HAS OPERATED ITS WASTEWATER TREATMENT PLANT IN VIOLATION OF ITS FINAL NATION- AL POLLUTANT DISCHARGE ELIMINATION (NPDES) PERMIT LIMITA- TIONS SINCE JULY 1, 1977. HOWEVER, THROUGH AN EXERCISE OF THEIR ENFORCEMENT DISCRETION, THE OHIO ENVIRONMENTAL PROTEC- TION AGENCY (EPA) AND THE U.S. ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) ISSUED AN ENFORCEMENT COMPLIANCE SCHEDULE LETTER (ECSL) TO BEDFORD. THE ECSL GAVE BEDFORD ADDITIONAL TIME IN WHICH TO COMPLY WITH APPLICABLE NPDES PERMIT RE- QUIREMENTS, PROVIDED THAT CERTAIN ACTIONS WERE TAKEN BY BEDFORD. THE ECSL CONTEMPLATED THAT BEDFORD WOULD REMAIN ELIGIBLE FOR FEDERAL GRANT ASSISTANCE. ON NOVEMBER 29, 1983, U.S. EPA ISSUED AN ADMINISTRATIVE ORDER TO BEDFORD PURSUANT TO SECTION 309 OF THE CLEAN WATER ACT. THE ORDER FOUND, AMONG OTHER THINGS, THAT BEDFORD HAD FAILED TO ACHIEVE COMPLIANCE WITH ITS FINAL NPDES PERMIT LIMITATIONS, THAT ADDITIONAL IMPROVEMENTS WOULD BE REQUIRED TO BRING BEDFORD'S WASTEWATER TREATMENT PLANT INTO COM- PLIANCE, AND, MOST IMPORTANTLY, THAT FEDERAL CONSTRUCTION FUNDING WOULD NOT BE AVAILABLE TO FINANCE THESE NECESSARY IMPROVEMENTS IN THE FORESEEABLE FUTURE. THE ORDER REVOKED THE ECSL AND ORDERED BEDFORD TO DEVELOP A MUNICIPAL COM- PLIANCE PLANT (MCP). IN ITS MCP, BEDFORD WAS ORDERED TO DESCRIBE THE IMPROVEMENTS NEEDED TO ACHIEVE COMPLIANCE BY JULY 1, 1988, STATUTORY DEADLINE, TO EXAMINE AVAILABLE FINANCING MECHANISMS, AND TO PREPARE A FIXED-DATE COMPLIANCE SCHEDULE. UNFORTUNATELY, BEDFORD DID NOT COMPLY WITH THE REQUIRE- MENTS OF THE ORDER. BEDFORD CONDITIONED ITS MCP AND THUS ITS COMPLIANCE FUNDING IN THE FORESEEABLE FUTURE AND THERE- FORE WILL NOT MEET THE JULY 1, 1988, STATUTORY DEADLINE SET OUT IN SECTION 301(I) OF THE CLEAN WATER ACT WITHOUT ENF- FORCEMENT ACTION. CONSENT DECREE ENTERED JUNE 28, 1989. ORDER TERMINATING DECREE ENTERED JUNE 30, 2000.

Defendants (2)

• BEDFORD, OH, CITY OFNamed in complaintNamed in settlement
• OHIO, STATE OFNamed in complaintNamed in settlement

Facilities (1)

• CITY OF BEDFORD

  705 W GLENDALE AVE, BEDFORD, OH, 44146

  Registry ID: 110000735303

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BEDFORD-CITY OFentered 1989-06-28

  Primary law: CWA

  Federal penalty: $27,500

Timeline (8 milestones)

• 1984-09-28Referred To Headquarters
• 1984-11-05Referred To Dept Of Justice
• 1985-05-03Referred TO U.S. Attorney
• 1985-09-30Complaint Filed With Court
• 1989-06-28Concluded
• 1989-06-28Final Order Lodged
• 1989-06-28Final Order Entered
• 2000-06-30Enforcement Action Closed