EPA v. WAYNE COUNTY, MICH.

Case summary

RE: 2ND REFERRAL FOR THE AMENDED COMPLAINT: BACKGROUND AND NATURE OF THE CASE: THIS PENDING CIVIL ACTION WAS FILED BY THE U.S. ON MARCH 18, 1987. THE COMPLAINT ALLEGED THAT WAYNE COUNTY, MI., WAS OPERATING THE WYANDOTTE WASTEWATER TREATMENT PLANT (WWTP) IN VIOLATION OF APPLICABLE NATL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT LIMITATIONS. FOLLOWING DISCUSSIONS WITH WAYNE COUNTY REGARDING THE POTENTIAL FOR SETTLEMENT OF THE CIVIL ACTION, IT HAS BECOME APPARENT THAT UNLESS AND UN- TIL THE MUNICIPALITIES THAT DISCHARGE TO THE WWTP ARE JOINED IN THIS CIVIL ACTION, WAYNE COUNTY WILL BEUNABLE TO OPERATE THE WWTP IN FULL COMPLIANCE WITH ALL NPDES REQUIREMENTS AT ALL TIME. CAUSE OF ACTION: THE LITIGATION REPORT RECOMMENDS THE JOINING OF THESE MUNI CIPALITIES IN THE INSTANT CIVIL ACTION PURSUANT TO SECTS 301 AND 309 OF THE CLEAN WATER ACT (CWA), 33 USC SS1311, 1319. LETTERS FROM THE DEPT OF JUSTICE TO THE ADMINISTRATORS OF EACH OF THESE LOCAL MUNICIPALITIES, OUTLINING THE U.S. LEGAL POSITION, ARE APPENDED TO THE LITIGATION REPORT AS AN ATTACH MENT. PROPOSED REMEDY: THE LITIGATION REPORT RECOMMENDS JOINING THESE MUNICIPALI- TIES AS PARTIES DEFENDANT TO ENCOURAGE THEIR ACTIVE PARTICI- PATION IN ONGOING NEGOTIATIONS OF A CONSENT DECREE TO UP- GRADE THE WYANDOTTE WWTP AND REHABILITATE THE SEWER SYSTEMS IN THE DOWNRIVER SEWAGE DISPOSAL DISTRICT. ISSUES OF NATIONAL AND PRECEDENTIAL SIGNIFICANCE: THESE ARE NO ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFI- CANCE. THIS IS A DIRECT REFERRAL TO THE DEPT OF JUSTICE, IN KEEPING WITH USEPA HQ GUIDANCE ON THE CWA REFERRAL PROCESS. RECOMMENDED ACTION: I RECOMMEND THAT THE DEPT OF JUSTICE FILE AN AMENDED COM- PLAINT IN THIS MATTER JOINING THE THIRTEEN (13) LOCAL MUNICI PALITIES ENUMERATED IN THE ENCLOSED LITIGATION REPORT. ************************************************************

Defendants (2)

• MICHIGAN, STATE OFNamed in complaintNamed in settlement
• WAYNE COUNTY, MICH.Named in complaintNamed in settlement

Facilities (2)

• DOWNRIVER WTF

  797 CENTER STREET, WYANDOTTE, MI, 48192

  Registry ID: 110000539631

• DOWNRIVER WTF

  797 CENTER STREET, WYANDOTTE, MI, 48192

  Registry ID: 110000539631

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• WAYNE COUNTY, MICH.entered 1994-05-12

  Primary law: CWA

  Federal penalty: $413,000

Timeline (6 milestones)

• 1986-09-26Referred To Headquarters
• 1986-10-28Referred To Dept Of Justice
• 1987-03-18Complaint Filed With Court
• 1994-05-12Final Order Lodged
• 1994-05-12Final Order Entered
• 1994-05-12Concluded