EPA v. ROCHESTER, CITY OF, MN

Case summary

REFERRAL OF CITY OF ROCHESTER, MINNESOTA STATUTE AND REGULATIONS INVOLVED: SECTION 113 OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7413; AND MINNESOTA POLLUTION CONTROL AGENCY OPERATING PERMIT NO. 499A-80-0T-3A. DEFENDANT: CITY OF ROCHESTER, MINNESOTA VIOLATIONS: SO2 EMISSION VIOLATIONS FROM BOILERS 3 AND 4 OF THE CITY'S SILVER LAKE GENERATING PLANT. PROPOSED RELIEF: PERMANENT INJUNCTION REQUIRING COMPLIANCE WITH SO2 LIMITATIONS AND CIVIL PENALTIES. RECENT CONTACTS WITH DEFENDANT AND ADMINISTRATIVE ACTIONS: STATE NOTICES OF VIOLATION ISSUED MAY 2 AND NOVEMBER 21, 1983. STATE ADMINISTRATIVE STIPULATION AGREEMENT IN EFFECT FROM FEBRUARY 26 TO NOVEMBER 4, 1985. U.S. EPA NOTICE OF VIOLATION ISSUED NOVEMBER 13, 1984, SECTION 113 CONFERENCE HELD DECEMBER 19, 1984. THE SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES: NONE ARE APPARENT AT THIS TIME. DATES OF RECEIPT OF EVIDENCE: UNDER ITS PERMIT THE CITY MUST PERFORM DAILY COAL SAMPLINT AND ANALYSIS AND SUBMIT THE RESULTS MONTHLY. U.S. EPA HAS RECEIVED COPIES OF THE MONTHLY REPORTS COVERING THE PERIOD JUNE 1983 THROUGH SEPTEMBER 1985. DATE REGIONAL COUNSEL RECEIVED TECHNICAL SUPPORT DOCUMENTS: NOVEMBER 15, 1985 OTHER SIGNIFICANT ASPECTS: NONE APPARENT AT THIS TIME.

Defendants (1)

• ROCHESTER, CITY OF, MNNamed in complaintNamed in settlement

Facilities (1)

• ROCHESTER PUBLIC UTILITIES SILVER LAKE PLANT

  425 WEST SILVER LAKE DRIVE NORTHEAST, ROCHESTER, MN, 559063675

  Registry ID: 110000426469

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 113B — Clean Air Act

Enforcement conclusions (1)

• ROCHESTER, CITY OFentered 1987-09-01

  Primary law: CAA

  Federal penalty: $53,000

Timeline (8 milestones)

• 1985-12-30Referred To Headquarters
• 1986-01-23Referred To Dept Of Justice
• 1986-04-07Referred TO U.S. Attorney
• 1986-04-10Complaint Filed With Court
• 1987-09-01Final Order Lodged
• 1987-09-01Final Order Entered
• 1987-09-01Concluded
• 1989-09-15Enforcement Action Closed