EPA v. LA PORTE, IN-CITY OF

Case summary

I. INFORMATION IDENTIFYING DEFENDANT THE CITY OF LA PORTE, INDIANA ( CITY OR LA PORTE ), AN INDIANA MUNICIPAL CORPORATION LOCATED IN LA PORTE, INDIANA, OWNS AND OPERATES THE LA PORTE WASTEWATER TREATMENT PLANT ( PLANT ) LOCATED, ON BOYD BOULEVARD, LA PORTE, INDIANA. THE PLANT SERVES A CONNECTED POPULATION OF ABOUT 22,000 RESI DENTS, AS WELL AS COMMERCIAL AND INDUSTRIAL USERS. THE CITY IS REPRESENTED BY MR. DONALD BAUGHER WHO IS LOCA- TED AT 504 FIRST NATL BANK BUILDING, LA PORTE, INDIANA 46350 MAYOR DENNIS SMITH IS THE CHIEF EXECUTIVE OF THE CITY. HIS ADDRESS IS CITY HALL, LA PORTE, INDIANA 46350. II. SYNOPSIS OF THE CASE THE CITY OWNS AND OPERATES A WASTEWATER TREATMENT FACILITY THAT TREATS WASTEWATER FROM RESIDENTIAL, COMMERCIAL, AND IN- DUSTIAL SOURCES LOCATED IN LA PORTE, INDIANA. THE CITY IS IN VIOLATION OF ITS NATL POLLUTANT DISCHARGE ELIMINATION SY- STEM (NPDES) PERMIT REQUIREMENTS. THAT PERMIT, NO. IN002557 7, ATTACHMENT A, ESTABLISHED BOTH INTERIM AND FINAL EFFLUENT LIMITATIONS, ALONG WITH A SCHEDULE OF COMPLIANCE TO CONSTRUC T NEW FACILITIES. EFFLUENT LIMITATIONS APPLY TO THE POLLU- TANTS TOTAL SUSPENDED SOLIDS (TSS), BIOCHEMICAL OXYGEN DEMAN D (BOD), AMMONIA-NITROGEN, FECAL COLIFORM, AND SUCH HEAVY ME TALS AS LEAD, MERCURY, COPPER, CADMIUM, CHROMIUM, NICKEL, AND ZINC. THE CITY IS CURRENTLY VIOLATING THE MONITORING AND REPORT- ING REQUIREMENTS, PART I.A.2 AND PART I.B.2, OF THE OCTOBER 3, 1983, NPDES PERMIT WHICH REQUIRES LA PORTE TO MONITOR THE EFFLUENT DISCHARGE FOR AMMONIA-NITROGEN AND TO REPORT THOSE RESULTS IN THE MONTHLY DISCHARGE MONITORING REPORT. ALSO, THE CITY IS VIOLATING THE SCHEDULE OF COMPLIANCE, PART I.C., OF THE NPDES PERMIT WHICH REQUIRED LA PORTE TO DE SIGN AND CONSTRUCT AN EXPANSION OF THE FACILITY AND COMPLY WITH FINAL EFFLUENT LIMITATIONS BY JULY 1, 1986. REGION V SEEKS A DISTRICT COURT ORDER REQUIRING THE CITY TO COMMIT TO A CONSTRUCTION PROJECT AND SCHEDULE TO UPGRADE THE PLANT AND TO COMPLY WITH THE REQUIREMENTS OF THE NPDES PERMIT AS SOON AS POSSIBLE. IN ADDITION, USEPA WILL SEEK AP PROPRIATE CIVIL PENALTIES FOR PAST VIOLATIONS OF LA PORTE'S NPDES PERMIT, AS WELL AS STIPULATED PENALTIES FOR ANY FUTURE VIOLATIONS.

Defendants (1)

• LA PORTE, INDIANA CITY OFNamed in complaintNamed in settlement

Facilities (1)

• LAPORTE WWTP

  2101 BOYD BOULEVARD, LA PORTE, IN, 463506745

  Registry ID: 110000554276

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• LA PORTE, IN-CITY OFentered 1989-05-05

  Primary law: CWA

  Federal penalty: $25,000

Timeline (7 milestones)

• 1986-09-29Referred To Headquarters
• 1986-11-05Referred To Dept Of Justice
• 1987-02-10Complaint Filed With Court
• 1989-05-05Final Order Lodged
• 1989-05-05Final Order Entered
• 1989-05-05Concluded
• 1992-02-26Enforcement Action Closed