EPA v. AKRON, OHIO - CITY OF

Case summary

VIOLATING INTERIM EFFLUENT LIMITS OF NPDES PERMIT. THE CITY OF AKRON, OHIO ( CITY OR AKRON ) A MUNICIPAL CORP. LOCATED IN SUMMIT COUNTY, OHIO, OWNS AND OPERATES A PUBLICLY OWNED TREATMENT WORKS ( POTW ). THE POTW, WHICH IS LOCATED NORTHWEST OF THE CITY, TREATS WASTEWATER FROM RESI- DENTIAL, COMMERCIAL AND INDUSTRIAL SOURCES, AS WELL AS STORM WATER FROM THE COMBINED SEWER SYSTEM. THE POTW DISCHARGES INTO THE CUYAHOGA RIVER, WHICH EMPTIES INTO LAKE ERIE. THE OHIO ENVIRONMENTAL PROTECTION AGENCY ( OEPA ) REISSUED A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES ) PERMIT, NO. OH0023833, TO AKRON ON NOVEMBER 28, 1984. ATTACHMENT A. THE PERMIT CONTAINED FINAL EFFLUENT LIMITS WHICH WERE EFFECTIVE UPON ISSUANCE OF THE PERMIT. THE OEPA MODIFIED THE PERMIT ON SEPTEMBER 8, 1986, TO INCLUDE INITIAL AND INTERIM EFFLUENT LIMITS AND A SCHEDULE UNDER WHICH AKRON IS TO ACHIEVE COMPLIANCE WITH ITS FINAL EFFLUENT LIMITS NO LATER THAN JULY 1, 1988. ATTACHMENT B. THE PERMIT EXPIRES NOVEMBER 25, 1989. THE PERMIT ESTABLISHED EFFLUENT LIMITS FOR A NUMBER OF PA- RAMETERS, INCLUDING, BUT NOT LIMITED TO, BIOCHEMICAL OXYGEN DEMAND ( BOD ), SUSPENDED SOLIDS ( SS ), AMMONIA, ZINC, PHO- SPHORUS, CADMIUM, COPPER AND MERCURY. MONTHLY OPERATION RE- PORTS ( MORS ) PREPARED BY AKRON SHOW THAT THE CITY REPEATED LY HAD VIOLATED THE LIMITS FOR THESE AND OTHER PARAMETERS SINCE JANUARY, 1985. ATTACHMENT E. AKRON'S NPDES PERMIT REQUIRED THE CITY TO SUBMIT TO OEPA BY OCTOBER 30, 1987, A REPORT EVALUATING THE CAPABILITY OF THE CITY TO ACHIEVE ITS FINAL EFFLUENT LIMITS BY JULY 1, 19 88, WITH ITS AVAILABLE POTW OPERATING CAPACITY. AKRON SUB- MITTED A REPORT TO OEPA WHICH STATED THAT THE CITY BELIEVED IT COULD ACHIEVED FINAL EFFLUENT LIMITS WITHOUT ADDITIONAL CAPACITY. AKRON'S CONTINUED VIOLATION OF THE INTERIM EFFLU- ENT LIMITS, HOWEVER, INDICATED THAT AKRON MUST CONSTRUCT AD DITIONAL TREATMENT FACILITIES IN ORDER TO COMPLY WITH THE FINAL EFFLUENT LIMITATIONS. IN ADDITION, THE HIGH LEVELS OF METALS IN AKRON'S EFFLUENT INDICATE THAT IT IS NOT ENFORCING ITS PRETREATMENT PROGRAM EFFECTIVELY. AKRON BEGAN IMPLEMENTING ITS PRETREATMENT PRO- GRAM IN 1985. HOWEVER, DURING 1986, 33 OF APPROXIMATELY 120 INDUSTRIAL USERS CONTINUED TO BE IN NONCOMPLIANCE WITH PRE- TREATMENT STANDARDS. MANY OF THE 33 INDUSTRIAL USERS THAT WERE NONCOMPLIANT IN 1986 ENGAGED IN ACTIVITIES THAT GENE- RATE HIGH LEVELS OF METALS IN THEIR EFFLUENT. ELEVEN OF THE 33 CONTINUED TO BE IN NONCOMPLIANCE DURING AT LEAST ONE SAMP LING PERIOD IN THE FOURTH QUARTER OF 1987. SEE ATTACHMENT D AKRON'S FAILURE TO TAKE PROMPT AND EFFECTIVE ENFORCEMENT AC- TION AGAINST INDUSTRIAL USERS CONTRIBUTES TO THE HIGH LEVELS OF METALS IN THE POTW'S EFFLUENT. FINALLY, AKRON'S NPDES PERMIT REQUIRES THAT IT ELIMINATE FORTY SPECIFIED SEWER BYPASSES & OVERFLOWS BY JULY 1, 1988. THE CITY HAS TOLD OEPA THAT IT IS UNABLE TO COMPLY WITH THAT SCHEDULE, AND PROPOSED AN ALTERNATE SCHEDULE UNDER WHICH THE BYPASSES & OVERFLOWS WOULD BE ELIMINATED BY MARCH 31, 1991. USEPA SHOULD BE PREPARED TO AMEND THE COMPLAINT TO ALLEGE AN ADDITONAL VIOLATION OF THE NPDES PERMIT IF AKRON FAILS TO CORRECT THE PROBLEMS THAT RESULT IN THE OVERFLOWS & BYPASSES BY JULY 1, 1988. AKRON'S VIOLATIONS OF THE EFFLUENT LIMITS AND THE TERMS OF ITS NPDES PERMIT AND PRETREATMENT PROGRAM CONSTITUTE VIOLA- TIONS OF THE CWA, 33 USC SS1311 AND 1342 ( ACT ). THE USEPA, REGION V, EXPECTS THE CITY OF AKRON TO CONTINUE TO VIOLATE THE TERMS OF ITS NPDES AND ITS PRETREATMENT PRO- GRAM UNLESS RESTRAINED BY THE COURT. USEPA, REGION V, SEEKS AN INJUNCTION TO ENSURE THAT THE CITY COMPLIES W/ THE TERMS OF ITS NPDES PERMIT AND ITS PRETREATMENT PROGRAM. USEPA ALSO SEEKS A CIVIL PENALTY.

Defendants (1)

• AKRON, OHIO - CITY OFNamed in complaintNamed in settlement

Facilities (1)

• AKRON CITY OF WATER POLLUTION CONTRL STA

  2460 AKRON-PENINSULA ROAD, AKRON, OH, 44313

  Registry ID: 110001625340

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 402 — Clean Water Act

Enforcement conclusions (1)

• AKRON, OHIO - CITY OFentered 1995-08-04

  Primary law: CWA

  Federal penalty: $191,400 · State/local: $98,600

Timeline (6 milestones)

• 1987-12-01Enforcement Action Data Entered
• 1988-03-24Referred To Dept Of Justice
• 1988-07-01Complaint Filed With Court
• 1995-08-04Final Order Lodged
• 1995-08-04Final Order Entered
• 1995-08-04Concluded