EPA v. GENEVA, OH-CITY OF & OH-STATE

Case summary

CITY IS VIOLATING FINAL EFFLUENT LIMITS FOR AMMONIA- NITROGEN AND RESIDUAL CHLORINE THAT ARE IN ITS NPDES PERMIT ISSUED BY OHIO EPA ON SEPT. 12, 1985. IN ADDITION CITY IS IN VIOLATION OF AN ADMINISTRATIVE ORDER ISSUED BY US EPA PERSUANT TO SECTION 309(A)(3) OF THE CWA ON SEPT. 30, 1985, WHICH REQUIRED CITY TO SUBMIT A MUNICIPAL CONPLIANCE PLAN FOR ACHIEVING COMPLIANCE WITH ITS NPDES PERMIT AND SECTION 301(B) OF THE CWA. SYNOPSIS OF THE CASE THE UNITED STATES FILED SUIT AGAINST THE CITY OF GENEVA, OHIO ON APRIL 21, 1987, FOR VIOLATIONS OF THE CLEAN WATER ACT AND THE CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT (OH0020109). THE PARTIES RESOLVED THE SUIT BY MEANS OF A CONSENT ORDER ENTERED ON JUNE 2, 1988. THE CONSENT ORDER MANDATED COMPLIANCE WITH CERTAIN INTERIM EFFLUENT LIMITS, CONSTRUCTION SCHEDULES AND REPORTING RE- QUIREMENTS AND COMPLIANCE WITH FINAL EFFLUENT LIMITATIONS BY AUGUST 15, 1988. SINCE THE COURT ENTERED THE CONSENT ORDER, THE CITY OF GENEVA HAS EXCEEDED THE INTERIM EFFLUENT LIMITA- TIONS FOR TOTAL SUSPENDED SOLIDS, DISSOLVED OXYGEN AND CHLO- RINE RESIDUAL. GENEVA IS CURRENTLY UNABLE TO MEET ITS FINAL EFFLUENT LIMITATION FOR TOTAL SUSPENDED SOLIDS, WHICH BECAME EFFECTIVE ON AUGUST 15, 1988. FINALLY, GENEVA HAS VIOLATED ITS CONSENT ORDER'S MONITORING AND REPORTING REQUIREMENT ON SEVERAL OCCASIONS. THE PROPOSED CONTEMPT ACTION WOULD BE FILED PUSUANT TO THE COURT'S CONTINUING JURISDITION OVER THE CONSENT ORDER. REMEDY SOUGHT THE MOTION TO SHOW CAUSE REQUESTS SPECIFIC REMEDIAL RELIEF REQUIRING ENTRY OF A MODIFIED CONSENT DECREE TO RETURN DEFEN DANT TO COMPLIANCE WITH FINAL EFFLUENT LIMITATIONS. ON NOVEMBER 30, 1988, A DEMAND LETTER WAS SENT TO THE CITY OF GENEVA DEMANDING PAYMENT OF STIPULATED PENALTIES TOTALL- ING $70,300. THIS REQUIRE CONSTRUCTION OF ADDITIONAL TREAT- MENT FACILITIES AT THE GENEVA PLANT.

Defendants (2)

• GENEVA, CITY OFNamed in complaintNamed in settlement
• OHIO, STATE OFNamed in complaintNamed in settlement

Facilities (1)

• GENEVA WWTP

  141 N NEVADA ST, GENEVA, OH, 44041

  Registry ID: 110009162681

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• GENEVA, OH-CITY OF & OH-STATEentered 1988-06-02

  Primary law: CWA

  Federal penalty: $30,000

Timeline (9 milestones)

• 1986-06-20Enforcement Action Data Entered
• 1986-09-29Referred To Headquarters
• 1986-10-27Referred To Dept Of Justice
• 1987-03-27Referred TO U.S. Attorney
• 1987-04-21Complaint Filed With Court
• 1988-06-02Final Order Lodged
• 1988-06-02Final Order Entered
• 1988-06-02Concluded
• 1994-10-27Enforcement Action Closed