EPA v. LOWELL, CITY OF, MICHIGAN

Case summary

CITY OF LOWELL, MICHIGAN LITIGATION REFERRAL STATUTORY BASIS THE STATUTES AND REGULATIONS WHICH ARE THE BASIS FOR THE PROPOSED ACTION ARE: SECTIONS 301 AND 309 OF THE CLEAN AIR ACT, 33 U.S.C. SECTIONS 1311 AND 1319. VIOLATIONS THE VIOLATIONS UPON WHICH THE ACTION IS BASED ARE: SECTION 301 OF THE CLEAN WATER ACT, 33 U.S.C. SECTION 1311, INCLUDING DISCHARGING IN VIOLATION OF FINAL EFFLUENT LIMITA- TIONS IN THE CITY'S NPDES PERMIT, FAILURE TO CONSTRUCT A NEW FACILITY TO ACHIEVE THE FINAL EFFLUENT LIMITATIONS, AS REQUIRED IN THE SCHEDULE OF COMPLIANCE FOR FACILITY CON- STURCTION IN THE CITYS NPDES PERMIT, FAILURE TO IMPLEMENT AND ENFORCE AN INDUSTRIAL WASTE PRETREATMENT PROGRAM AS RE- QUIRED IN THE CITY'S NPDES PERMIT; AND SECTION 309 OF THE CLEAN WATER ACT, 33 U.S.C. SECTION 1319, FOR FAILURE TO COMPLY WITH AN ADMINISTRATIVE ORDER REQUIRING LOWELL TO SUBMIT A MUNICIPAL COMPLIANCE PLAN (MCP) WITH A FIRM SCHE- DULE TO ACHIEVE COMPLIANCE WITH THE REQUIREMENTS IN THE CITY'S NPDES PERMIT AND SECTION 301. RELIEF SOUGHT THE RELIEF TO BE SOUGHT IS: THAT THE CITY BRING ITS WASTEWATER DISCHARGE INTO COMPLIANCE WITH THE FINAL EFFLU- ENT LIMITATIONS AS SET FORTH IN ITS NPDES PERMIT AND CONSIS- TENT WITH SECTION 301 OF THE ACT AS SOON AS POSSIBLE; THAT LOWELL DEVELOP AND SUBMIT TO U.S. EPA A MUNICIPAL COMPLIANCE PLAN (MCP) IN COMPLIANCE WITH THE ADMINISTRATIVE ORDER; THAT LOWELL IMPLEMENT AND ENFORCE AN INDUSTRIAL WASTE PRETREAT- MENT PROGRAM (IWPP) AS REQUIRED BY ITS NPDES PERMIT; AND THAT LOWELL PAY APPROPRIATE CIVIL PENALTIES FOR VIOLATIONS OF 33 U.S.C. SECTION 1311 AND 33 U.S.C. SECTION 1319. RECENT CONTACTS WITH THE DEFENDANT A STATE OF MICHIGAN NOTICE OF NONCOMPLIANCE WAS ISSUED AUGUST 3, 1982, CONCERNING THE CITY'S FAILURE TO SUBMIT MONTHLY OPERATING REPORTS AND THE REQUIRED IWPP DOCUMENTS. THE STATE ISSUED A NOTICE OF VIOLATION ON AUGUST 3, 1984, REQUIRING THE CITY TO SUBMIT ITS IWPP BY AUGUST 31, 1984. ANOTHER NOTICE OF VIOLATION WAS ISSUED ON SEPTEMBER 27, 1984 FOR FAILURE TO FURNISH A COPY OF THE NOTICE TO PRO- CEED WITH CONSTRUCTION BY MARCH 31, 1984, AS REQUIRED BY THE NPDES PERMIT, AND REQUIRING THE CITY TO SUBMIT BY NOVEMBER 1, 1984, A PLAN TO COMMIT TO CONSTRUCTION OF FACILITIES TO MEET THE FINAL EFFLUENT LIMITS OF THE CITY'S NPDES PERMIT. IN MAY 1985 THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES (MDNR), SENT A LETTER TO THE CITY REQUESTING AN MCP AND REITERATING THE REQUIREMENT OF A MINIMUM OF SECONDARY TREATMENT BY JULY 1, 1988. U.S. EPA ISSUED A NOTICE OF VIOLATION ON DECEMBER 15, 1983, FOR THE CITY'S FAILURE TO COMPLY WITH THE REQUIREMENT IN ITS NPDES PERMIT TO SUBMIT THE COMPLETE IWPP BY APRIL 1, 1983. ON OCTOBER 1, 1984, U.S. EPA INFORMED MDNR THAT IT DID NOT INTEND TO PURSUE FURTHER ENFORCEMENT ACTION AT THAT TIME BECAUSE OF THE STATE NOTICE OF VIOLATION ISSUED TO THE CITY OF AUGUST 3, 1984. ON SEPTEMBER 30, 1985, U.S. EPA ISSUED AN ADMINISTRA- TIVE ORDER REQUIRING THE CITY TO SUBMIT AN MCP WITHIN 30 DAYS OF RECEIPT OF THE ORDER. ON OCTOBER 15, 1985, LOWELL SENT A LETTER TO THE U.S. EPA INDICATING A WILLINGNESS TO TAKE STEPS TO COMPLY WITH SAID ORDER WITHIN ITS ECONOMIC CAPABILITIES AND REQUESTING A MEETING WITH OFFICIALS OF U.S. EPA. ON NOVEMBER 13, REPRESENTATIVES OF LOWELL MET WITH MDNR AND U.S. EPA OFFICIALS IN GRAND RAPIDS, MICHIGAN. THE CITY EXPLAINED IT IS NOT ECONOMICALLY FEASIBLE FOR THE CITY TO BUILD THE REQUIRED FACILITIES WITHOUT STATE OR FEDERAL GRANT FUNDS. THE CITY SUMM

Defendants (1)

• LOWELL, CITY OF, WTPNamed in complaintNamed in settlement

Facilities (1)

• LOWELL WWTP

  300 BOWES ROAD, LOWELL, MI, 49331

  Registry ID: 110000736981

Statutes cited

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

Enforcement conclusions (1)

• LOWELL, CITY OFentered 1987-11-05

  Primary law: CWA

  Federal penalty: $13,000 · State/local: $12,000

Timeline (8 milestones)

• 1985-11-01Enforcement Action Data Entered
• 1985-12-13Referred To Headquarters
• 1986-01-17Referred To Dept Of Justice
• 1986-03-20Complaint Filed With Court
• 1987-11-05Final Order Lodged
• 1987-11-05Final Order Entered
• 1987-11-05Concluded
• 1990-08-20Enforcement Action Closed