EPA v. WELLSTON, CITY OF

Case summary

SYNOPSIS OF THE CASE THE CITY OF WELLSTON, OHIO ( CITY OR WELLSTON ), AN OHIO MUNICIPAL CORPORATION LOCATED IN JACKSON COUNTY, OH., OWNED AND OERATES THE WELLSTON NORTH WASTEWATER TREATMENT , PLANT ( PLANT ) LOCATED AT THE INTERSECTION OF RHODE ISLAND AVE. AND 13TH STREET, WELLSTON, OH. THIS PLANT SERVES A CONNECTED POPULATION OF ABOUT 6,000 RESIDENTS, AS WELL AS SOME COMMERCIAL AND INDUSTRIAL SOURCES. WELLSTON HAS BEEN IN SIGNIFICANT VIOLATION OF ITS NAT- IONAL POLLUTANT DISCHATGE ELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS SINCE MAY, 1980. THE EXISTING PERMIT, NO. OH0023507 (ATTACHMENT A), BECAME EFFECTIVE ON 8/23/85. THIS PERMIT, AS WELL AS PAST PERMITS, ESTABLISHES FINAL EFFLU- ENT LIMITATIONS, REQUIRES THE CITY TO IMPLEMENT ITS APPROVED PRETREATMENT PROGRAM, AND REQUIRES THE SUBMISSION OF MONTHLY OPERATING REPORTS TO THE OHIO ENVIRONMENTAL PROTECTION AGENCY (OEPA). 1. STATUTE U.S.C. SECTION 1311 2. NAME AND LOCATION OF DEFENDANT: CITY OF WELLSTON 203 E. BROADWAY WELSTON, OHIO 45692 3. VIOLATION: FAILURE TO COMPLY WITH STATE-ISSUE NPDES PERMIT IN VIOLATION OF SECTION 301 OF THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. SECTION 1311. 4. PROPOSED RELIEF: (A) PERMANENT INJUNCTION PROHIBITING THE CITY OF WELLSTON FROM DISCHARGING POLUTANTS INTO MEADOW RUN IN EXCESS OF THAT ALLOWED UNDER WELLSTON'S NPDES PERMIT; (B) A CIVIL PENALTY OF AT LEAST $15,000. 5. CONTACTS WITH DEFENDANTS: THE CITY OF WELLSTON HAS LONG TAKEN THE POSITION THAT IT CANNOT AFFORD THE CAPITAL IM- PROVEMENTS NECESSARY TO BRING THE WASTEWATER TREATMENT PLANT INTO COMPLIANCE W/THE NPDES PERMIT.

Defendants (1)

• WELLSTON, CITY OFNamed in complaintNamed in settlement

Facilities (2)

• WELLSTON PWS SOUTH PLANT

  203 E BROADWAY, WELLSTON, OH, 45692

  Registry ID: 110013282768

• WELLSTON PWS SOUTH PLANT

  203 E BROADWAY, WELLSTON, OH, 45692

  Registry ID: 110013282768

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• WELLSTON, CITY OFentered 1991-09-16

  Primary law: CWA

  Federal penalty: $17,000

Timeline (6 milestones)

• 1987-03-23Referred To Headquarters
• 1987-05-01Referred To Dept Of Justice
• 1987-10-13Complaint Filed With Court
• 1991-09-16Final Order Lodged
• 1991-09-16Final Order Entered
• 1991-09-16Concluded