EPA v. HAMMOND, CITY OF (MUNSTER SANITARY DISTRICT)

Case summary

BACKGROUND AND NATURE OF THE CASE THE U.S. FILED SUIT AGAINST THE CITY OF HAMMOND, IN., AND ITS COMMON COUNCIL, THE TOWN OF MUNSTER, IN., AND ITS BOARD, AND THE SANITARY DIST OF HAMMOND ( HSD ), ON JULY 6, 1983, FOR VIOLATIONS OF THE CWA AND FOR VIOLATIONS OF THEIR NAT'L POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES ) PERMIT WHICH OCCURRED AT THE HSD WASTEWATER TREATMENT FACILITY. THE PARTIES RESOLVED THE SUIT BY MEANS OF A CONSENT DECREE. THE CONSENT DECREE MANDATED THE ESTABLISHMENT AND INITIATION OF CERTAIN MEASURES TO ENSURE THAT SANITARY SLUDGE FROM THE FACILITY WAS DISPOSED OF PROPERLY. THE CONSENT DECREE ALSO MANDATED AN ADEQUATE PRETREATMENT PROGRAM FOR THE HAMMOND FA CILITY. IN THE TIME SINCE THE COURT ENTERED THE CONSENT DECREE, HSD HAS FAILED TO IMPLEMENT INTERIM MEASURES TO REDUCE EXIST ING SLUDGE LEVELS AT THE FACILITY, AND HAS FAILED TO IMPLE- MENT ITS APPROVED PRETREATMENT PLAN IAW THE CONSENT DECREE. THE HSD IS ALSO LIKELY TO VIOLATE THE DATE IN THE DECREE FOR SUBMITTAL OF ITS FINAL SLUDGE LAGOON CLOSURE PLAN, AND IS CURRENTLY IN VIOLATION OF ITS NPDES PERMIT FOR FAILURE TO START CONSTRUCTION OF NITRIFICATION FACILITIES BY MAY 1, 1987. CAUSE OF ACTION THE DEFENDANT, HSD, IS IN VIOLATION OF SECT VII OF THE CON SENT DECREE, WHICH ESTABLISHED A COMPLIANCE PROGRAM FOR THE FACILITY. THE PROPOSED CONTEMPT ACTION WOULD BE FILED PURSU ANT TO THE COURT' CONTINUING JURISDICTION OVER THE CONSENT DECREE.

Defendants (1)

• HAMMOND SANITARY DISTRICTNamed in complaintNamed in settlement

Facilities (1)

• SANITARY DISTRICT OF HAMMOND

  5143 COLUMBIA AVENUE, HAMMOND, IN, 46320

  Registry ID: 110020660578

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• HAMMOND, CITY OF (MUNSTER SANIentered 1992-12-16

  Primary law: CWA

  Federal penalty: $107,500

Timeline (7 milestones)

• 1987-08-12Referred To Headquarters
• 1987-11-08Referred To Dept Of Justice
• 1988-03-16Complaint Filed With Court
• 1992-12-16Final Order Lodged
• 1992-12-16Final Order Entered
• 1992-12-16Concluded
• 1993-03-16Enforcement Action Closed