EPA v. WIXOM, CITY OF

Case summary

I. INFORMATION IDENTIFYING DEFENDANT THE CITY OF WIXOM, MICHIGAN ( CITY OR WIXOM ), A MICHI- GAN MUNICIPAL CORPORATION LOCATED IN OAKLAND COUNTY, MICHI- GAN, OWNS AND OPERATES THE CITY OF WIXOM WASTEWATER TREATMEN T PLANT ( PLANT ) LOCATED AT 2055 CHARMS ROAD, WIXOM, MICHI- GAN. THE PLANT SERVES A CONNECTED POPULATION OF ABOUT 6,500 RESIDENTS, AS WELL A COMMERCIAL AND INDUSTRIAL USERS. THE CITY IS REPRESENTED BY MR. THOMAS CONNELLY OF CONNELLY JACQUES, REILLY AND ZIEM, 2410 S COMMERCE ROAD, WALLED LAKE, MICHIGAN 48088. MS. JUNE BUCK IS THE CITY CLERK FOR WIXOM, AND THE DESIGNATED AGENT FOR SERVICE OF PROCESS. HER ADDRES S IS 49045 PONTIAC TRAIL, WIXOM, MICHIGAN 48096. THE MAYOR OF THE CITY IS MR. HENRY MACK. II. SYNOPSIS OF THE CASE THE CITY OWNS AND OPERATES A WASTEWATER TREATMENT FACILITY THAT TREATS WASTEWATER FROM RESIDENTIAL, COMMERCIAL, AND IN- DUSTRIAL SOURCES LOCATED IN WIXOM, MICHIGAN. SINCE JANUARY 31, 1985, THE CITY HAS BEEN IN SERIOUS VIOLATION OF ITS NATL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT REQUIR EMENTS. THAT PERMIT, NO. MI0024384, ATTACHMENT A, ESTABLISH ED INTERIM AND FINAL EFFLUENT LIMITATIONS, AND A SCHEDULE FOR CONSTRUCTING THE ADDITIONAL FACILITIES NEEDED TO ACHIEVE COMPLIANCE WITH THE MORE FINAL EFFLUENT LIMITATIONS. INCLU- DED IN THE INTERIM AND MORE STRINGENT FINAL EFFLUENT LIMITA- TIONS FOR THE PLANT ARE PARAMETERS FOR SUCH POLLUTANTS AS SUSPENDED SOLIDS (SS), BIOCHEMICAL OXYGEN DEMAND (BOD), PHO- SPHORUS, AND FECAL COLIFORM. MONTHLY SELF-MONITORING REPORT S PREPARED AND SUBMITTED BY THE CITY CONFIRM THAT THERE ARE SIGNIFICANT VIOLATIONS OF THE INTERIM EFFLUENT LIMITATIONS THAT OCCUR IN THE DAY-TO-DAY OPERATIONS OF THE PLANT. ADDI- TIONALLY, THE CITY HAS FAILED TO COMPLY WITH THE SCHEDULE IN THE PERMIT REQUIRING THE CONSTRUCTION OF THE ADDITIONAL WAST EWATER TREATMENT FACILITIES NEEDED TO ADEQUATELY PROTECT WATER QUALITY. EPA ISSUED AN ADMINISTRATIVE ORDER REITERA- TING THE REQUIREMENT FOR THE CITY TO MEET THE SCHEDULE MILES TONES IN THE NPDES PERMIT. ATTACHMENT B IS A COPY OF THIS ADMINISTRATIVE ORDER. IN ITS REPLY TO THE ORDER, (SEE ATTAC HMENT C) WIXOM INDICATED IT WOULD NOT BE ABLE TO MEET THE SCHEDULE MILESTONES IN THE PERMIT, NOR WOULD IT BE ABLE TO COMPLY WITH THE STATUTORY DEADLINE OF JULY 1, 1988 FOR ACHIE VING COMPLIANCE WITH FINAL EFFLUENT LIMITATIONS. REGION V SEEKS A DISTRICT COURT ORDER REQUIRING THE CITY TO COMMIT TO A CONSTRUCTION PROJECT AND SCHEDULE TO UPGRADE THE PLANT TO COMPLY WITH THE REQUIREMENTS OF THE NPDES PERMI T AS SOON AS POSSIBLE. IN ADDITION, USEPA WILL SEEK APPRO- PRIATE CIVIL PENALTIES FOR VIOLATIONS OF THE INTERIM EFFLUEN T LIMITATIONS IN WIXOM'S NPDES PERMIT, AS WELL AS STIPULATED PENALTIES FOR ANY FUTURE VIOLATION OF A COURT ORDER.

Defendants (1)

• WIXOM, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• WIXOM SEWAGE DISPOSAL PLANT

  2055 CHARMS RD, WIXOM, MI, 48393

  Registry ID: 110000733449

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• WIXOM, CITY OF & OAKLAND CTYentered 1988-08-22

  Primary law: CWA

  Federal penalty: $21,000

Timeline (8 milestones)

• 1986-09-30Referred To Headquarters
• 1986-10-28Referred To Dept Of Justice
• 1987-05-28Referred TO U.S. Attorney
• 1987-06-03Complaint Filed With Court
• 1988-08-22Final Order Lodged
• 1988-08-22Final Order Entered
• 1988-08-22Concluded
• 1993-07-16Enforcement Action Closed