EPA v. SOUTH BEND, CITY OF

Case summary

CIVIL REFERRAL UNDER THE CLEAN WATER ACT SOUTH BEND, INDIANA REFERRRED WITH CIVIL LITIGATION REPORTS FOR CAROL STREAM, ILLINOIS AND GENEVA, ILLINOIS. CIVIL LITIGATION REPORTS DOCUMENT SERIOUS VIOLATIONS OF THE PRETREATMENT REQUIRE- MENTS OF THE CLEAN WATER ACT. BACKGROUND: EACH OF THE THREE REPORTS IS SIMILAR IN THE FACTUAL BACKGROUND LEADING TO THE VIOLATIONS. IN EACH CASE, U.S. EPA REGULATIONS REQUIRED THESE MUNICIPALITIES TO SUBMIT APPROVABLE PRETREATMENT PROGRAMS BY JULY 1, 1983. IN EACH CASE, APPLICABLE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS REQUIRED THE SUBMITTALS BY DATES CERTAIN. FINALLY, U.S. EPA ADMINISTRATIVE ORDERS ISSUED UNDER THE CWA REQUIRED THESE CITIES TO SUBMIT PROGRAMS BY NO LATER THAN JANUARY 1985. UNFORTUNATELY, IN EACH CASE, NO FULLY APPROVABLE PROGRAMS HAVE BEEN RECEIVED BY U.S. EPA. THESE REFERRALS ARE SUBMITTED IN RESPONSE TO A HEAD- QUARTERS INITIATIVE AGIANST MUNICIPALITIES THAT HAVE FAILED TO SUBMIT, BY THIS LATE DATE, APPROVABLE PROGRAMS. EACH OF THESE REPORTS IS QUITE SPECIFIC IN DETAILING THE DEFICIEN- CIES THAT RENDER THE PROGRAMS UNAPPROVABLE. THIS SPECIFI- CITY WAS INCLUDED AT THE REQUEST OF MEMBERS OF HEADQUARTERS STAFF AND PERSONNEL FROM THE DEPARTMENT OF JUSTICE, WHO DISCUSSED THESE CASES AT LENGTH WITH REGION V PERSONNEL.

Defendants (1)

• SOUTH BEND, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• CITY OF SOUTH BEND WASTEWATER TREATMENT PLANT

  3113 RIVERSIDE DRIVE, SOUTH BEND, IN, 46628

  Registry ID: 110000578116

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• S. BEND, IND., CITY OFentered 1986-07-15

  Primary law: CWA

  Federal penalty: $42,500

Timeline (7 milestones)

• 1985-02-22Referred To Headquarters
• 1985-03-22Referred To Dept Of Justice
• 1985-04-18Complaint Filed With Court
• 1986-07-15Final Order Lodged
• 1986-07-15Final Order Entered
• 1986-07-15Concluded
• 1988-06-15Enforcement Action Closed