EPA v. METRO COUNCIL & WASTE CTRL COMM. - SENECA/BLUE LAKE

Case summary

DATE OPEN: 2/88; DATE VIOLATION DETERMINED: 12/01/84; DATE DOCUMENTS RECEIVED BY ORC: 03/24/88. THE COUNCIL AND COMMISSION OPERATE THE BLUE LAKE & SENECA WASTEWATER TREATMENT FACILITIES IN THE MINNEAPOLIS-ST. PAUL METROPOLITAN AREA. THEY RECEIVED THEIR CURRENT PER- MITS TO DISCHARGE INTO THE MINNESOTA RIVER IN 1987. THESE PERMITS SPECIFIED THAT THE COUNCIL AND COMMISSION WERE PERMITTED TO OPERATE UNDER INTERIM EFFLUENT LIMITATIONS, BY LAW, BECOME EFFECTIVE. THE COMMISSION AND COUNCIL WILL NOT MEET THEIR FINAL EFFLUENT LIMITATIONS ON JULY 1, 1988, AND NOT INTEND TO ACHIEVE COMPLIANCE UNTIL 1992. THE GENESIS OF U.S.EPA'S INTEREST IN THE MATTER WAS THE COUNCIL'S AND COMMISSION'S LONGSTANDING DISPUTE WITH ITS WATER QUALITY RELATED FINAL EFFLUENT LIMITATIONS. THIS DISPUTE RESULTED IN THE LAPSING OF THEIR 1977 PERMITS IN 1982. WHILE RESEARCHING THE HISTORY OF THIS MATTER, OTHER VIOLATIONS, INCLUDING BYPASS, FAILURE TO TIMELY NOTIFY OF BYPASS, TSS EFFLUENT LIMITATION VIOLATIONS, AND MITIGATION VIOLATIONS WERE DISCOVERED. THESE LATTER VIOLATIONS RE- LATE TO THE 1977 PERMITS AND HAVE BEEN INCORPORATED INTO THIS REFERRAL. THE STATE OF MINNESOTA ENTERED INTO A CONSENT DECREE WITH THE COUNCIL AND COMMISSION UNDER THE JURISDICTION OF THE RAMSEY COUNTY DISTRICT COURT ON FEBRUARY 16, 1988, AS DE- TAILED IN THE LITIGATION REPORT. WE ARE STRONGLY RECOM- MENDING OVERFILING IN FEDERAL DISTRICT COURT BECAUSE THE STATE'S CONSENT DECREE IS SERIOUSLY DEFICIENT UNDER U.S. EPA'S NATIONAL MUNICIPAL POLICY AND CIVIL PENALTY POLICY. THE COUNCIL AND COMMISSION MUST BE ASSESSED A CIVIL PENALTY COMMENSURATE WITH THE DEGREE OF NONCOMPLIANCE AND RECALCITRANCE IN PLANNING AND CONSTRUCTING THE NECESSARY PLANT IMPROVEMENTS. THE COUNCIL AND COMMISSION MUST BE HELD TO A REASONABLE CONSTRUCTION SCHEDULE WITH SUBSTAN- TIAL FINANCIAL DETERRENTS TO DELAYS. FINALLY AND MOST IM- PORTANTLY, THE COUNCIL AND COMMISSION MUST DEVELOP AND IMPLEMENT INTERIM MEASURES DESIGNED TO MINIMIZE THE ENVIRONMENTAL HARM THAT WILL CONTINUE DURING THE CONSTRUC- TION PERIOD.

Defendants (3)

• METROPOLITAN COUNCILNamed in complaintNamed in settlement
• METROPOLITAN WASTE CONTROL COMMISSIONNamed in complaintNamed in settlement
• MINNESOTA, STATE OFNamed in complaintNamed in settlement

Facilities (2)

• BLUE LAKE WWTP

  700 ST HWY 101, SHAKOPEE, MN, 55379

  Registry ID: 110010706414

• SENECA WASTEWATER TREATMENT PLANT

  3750 PLANT RD., EAGAN, MN, 55122

  Registry ID: 110000545410

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 402 — Clean Water Act
• CWA 311 — Oil and Hazardous Substance Liability
• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• METROPOLITAN COUNCIL,entered 1991-08-16

  Primary law: CWA

  Federal penalty: $395,000

Timeline (7 milestones)

• 1988-01-08Enforcement Action Data Entered
• 1988-04-15Referred To Dept Of Justice
• 1988-07-15Complaint Filed With Court
• 1991-08-16Final Order Lodged
• 1991-08-16Final Order Entered
• 1991-08-16Concluded
• 1993-08-02Enforcement Action Closed