EPA v. MENOMINEE PAPER COMPANY INC.

Case summary

A CONSENT DECREE RESOLVING CLAIMS AGAINST THE CITY OF MENO MINEE WAS ENTERED ON OCT. 2, 1989. THE DECREE REQUIRES MENO MINEE TO UPGRADE ITS WASTEWATER TREATMENT PLANT IN ORDER TO MEET EFFLUENT LIMITATIONS SPECIFIED IN THE CITY'S NAT'L POL- LUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES ) PERMIT AND UN- DERTAKE CERTAIN ACTIONS AND STUDIES RELATED TO CONTROLLING COMBINED SEWER OVERFLOWS. THE STUDIES AND RESULTING WORK ARE ESTIMATED TO COST UPWARDS OF $750,000. THE DECREE ALSO PROVIDES FOR PAYMENT OF A CIVIL PENALTY OF $105,000 FOR A COMMUNITY OF SLIGHTLY OVER 10,000 PEOPLE. THE U.S. HAD ASSERTED THAT MPC'S DISCHARGES WERE GOVERNED BY A 1973 NPDES PERMIT. MPC ARGUED THAT A DRAFT PERMIT WHICH WAS INCORPORATED BY REFERENCE INTO A 1979 CONSENT JUDGMENT BETWEEN THE STATE OF MICHIGAN AND MPC CONTROLLED MPC DISCHARGES TO THE MENOMINEE RIVER. JUDGE HILLMAN CONSIDERED AND REJECTED MPC ARGUMENTS THAT REGION V DID NOT RAISE A TIMELY AND SUFFICIENT OBJECTION TO THE 1979 PROPOSED PERMIT THEREBY ALLOWING THE PROPOSED PERMIT TO TAKE EFFECT AND SUPERSEDE THE VALID 1973 NPDES PERMIT. JUDGE HILLMAN FOUND THE USEPA OBJECTION VALID, BE- CAUSE USEPA HAD MET ITS BURDEN OF SHOWING THAT IT HAD MADE A TIMELY OBJECTION AND THAT THE OBJECTION ADEQUATELY STATED WHY THE ISSUANCE OF THE PERMIT WOULD NOT COMPLY W/ THE CWA. ANY OBJECTION RAISED BY USEPA WOULD HAVE TO CONTAIN A STATE- MENT OF THE EFFLUENT LIMITATIONS USEPA WOULD REQUIRE IF IT WERE TO ISSUE THAT PERMIT. THE COURT FOUND THAT USEPA HAD ALSO MET THIS REQUIREMENT. TWO OTHER DEFENSES CONSISTING OF FAIRNESS BASED ON WAIVER, EQUITABLE ESTOPPEL, AND LACHES AS WELL AS PUBLIC POLICY ARGUMENTS WERE ALSO REJECTED BY THE COURT.

Defendants (1)

• MENOMINEE PAPER COMPANY INC.Named in complaintNamed in settlement

Facilities (4)

• MENOMINEE AQUISITION CORPORATION

  144 1ST ST., MENOMINEE, MI, 49858

  Registry ID: 110000412394

• MENOMINEE AQUISITION CORPORATION

  144 1ST ST., MENOMINEE, MI, 49858

  Registry ID: 110000412394

• MENOMINEE AQUISITION CORPORATION

  144 1ST ST., MENOMINEE, MI, 49858

  Registry ID: 110000412394

• MENOMINEE AQUISITION CORPORATION

  144 1ST ST., MENOMINEE, MI, 49858

  Registry ID: 110000412394

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• MENOMINEE PAPER COentered 1990-07-20

  Primary law: CWA

  Federal penalty: $2,100,000

Timeline (9 milestones)

• 1987-09-25Enforcement Action Data Entered
• 1987-09-25Referred To Headquarters
• 1987-11-12Referred To Dept Of Justice
• 1988-04-21Referred TO U.S. Attorney
• 1988-04-21Complaint Filed With Court
• 1990-07-20Final Order Lodged
• 1990-07-20Final Order Entered
• 1990-07-20Concluded
• 1995-01-05Enforcement Action Closed