EPA v. MILFORD, CITY OF

Case summary

A. BACKGROUND AND NATURE OF CASE MILFORD, OHIO (MILFORD) HAS BEEN OPERATING ITS WASTEWATER TREATMENT PLANT IN VIOLATION OF ITS FINAL NPDES PERMIT LIMIT ATIONS SINCE SEPTEMBER 5, 1984. ON MAY 20, 1987, USEPA IS- SUED TO THE CITY AN ADMINISTRATIVE ORDER. THIS ADMINISTRA- TIVE ORDER, ISSUED PURSUANT TO SECTION 309(E3) OF THE CWA, FOUND THAT MILFORD HAD FAILED TO ACHIEVE COMPLIANCE WITH FI- NAL PERMIT LIMITATIONS. THE ORDER REQUIRED THE CITY TO DEVE LOP A MUNICIPAL COMPLIANCE PLAN (MCP). THE MCP WAS TO DE- SCRIBE ALL TREATMENT PLANT IMPROVEMENTS PLANNED BY THE CITY, THE FINANCING MECHANISM(S) AVAILABLE TO FINANCE IMPROVEMENTS AND A COMPLIANCE SCHEDULE TO ACHIEVE COMPLIANCE BY JULY 1, 1988 AS REQUIRED BY SECT 301(B18) OF THE ACT. MILFORD, BY ITS OWN ADMISSION, CANNOT COMPLY WITH THE JULY 1, 1988 DEAD- LINE. BECAUSE COMPLIANCE BEYOND JULY 1, 1988 REQUIRES JUDICIAL APPROVAL, WE ARE PROPOSING THAT THIS CASE BE FILED AS A CI- VIL ACTION. B. CAUSE OF ACTION THE CITY OF MILFORD'S WWTP DISCHARGE IS IN VIOLATION OF SECTION 301 OF THE ACT. SECTION 309B OF THE ACT, 33 USC SEC TION 1319B, PROVIDES THE AUTHORITY FOR THE USEPA TO SEEK PER MANENT OR TEMPORARY INJUNCTIVE RELIEF FOR VIOLATIONS OF THE ACT, A PERMIT, OR A USEPA ADMINISTRATIVE ORDER. C. PROPOSED REMEDY IN ORDER TO ACHIEVE COMPLIANCE WITH THE CWA, MILFORD MUST HIRE AN INDEPENDENT CONSULTANT TO RECOMMEND THE IMPROVEMENTS NEEDED AT THE TREATMENT PLANT TO MEET THE FINAL EFFLUENT LI- MITS FOUND IN ITS NPDES PERMIT. THE CITY MUST ALSO COMMIT TO A FIXED JUDICIAL ENFORCEABLE SCHEDULE TO COMPLETE ALL RE- COMMENDED IMPROVEMENTS AND MEET FINAL EFFLUENT LIMITATIONS ALONG WITH ALL OTHER REQUIREMENTS IN THE NPDES PERMIT AS EX- PEDITIOUSLY AS POSSIBLE. THE CITY HAS STATED THAT THE WWTP SHOULD ATTAIN COMPLI- ANCE WITH FINAL EFFLUENT LIMITS BY DECEMBER 1989. IN ADDITION, REGION V RECOMMENDS A PENALTY FOR SETTLEMENT PURPOSES OF NOT LESS THAN $65,000. D. ISSUES OF NAT'L AND PRECEDENTIAL SIGNIFICANCE THERE ARE NO ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFI- CANCE. E. CONTACTS THE REGION V ATTORNEY ASSIGNED TO THIS MATTER IS DEBORAH DJEU, ASST. REGIONAL COUNSEL, OFFICE OF REGION COUNSEL, WHO CAN BE REACHED AT FTS-886-0558. THE REGION V ENVIRONMENTAL ENGINEER ASSIGNED TO THIS CASE IS BYRON E. JONES OF THE WA- TER DIVISION. F. RECOMMENDED ACTION REGION V SUBMITS THAT THE CITY OF MILFORD CANNOT MEET THEIR NPDES PERMIT FINAL EFFLUENT LIMITS BY JULY 1, 1988 WITH THE EXISTING FACILITIES AT THE PLANT. THE CITY'S MONTH LY OPERATION REPORTS SHOW THAT IF PRESENT CONDITIONS AT THE MILFORD WWTP CONTINUE, THE CITY OF MILFORD WILL CONTINUE TO DISCHARGE LEVELS OF POLLUTANTS INTO THE LOWER EAST FORK OF THE LITTLE MIAMI RIVER THAT EXCEED THEIR FINAL EFFLUENT LI- MITS. INSPECTIONS RECENTLY CONDUCTED BY OHIO EPA, USEPA, AND SCIENCE APPLICATIONS INT'LCORP. SUPPORT THIS CONTEN- TION. DUE IN PART TO THE EXPRESSED INTEREST BY MILFORD OFFI CIALS, THE REGION INTENDS TO CONTINUE PRE-REFERRAL NEGOTIA- TIONS WITH THE CITY IN AN ATTEMPT TO ESTABLISH AN ACCEPTABLE CONSENT DECREE. HOWEVER, THOUGH THE PROSPECTS OF OBTAINING SUCH A DECREE ARE GOOD, IT IS DOUBTFUL THAT AGREEMENT ON ALL TERMS CAN BE REACHED FOR SEVERAL MONTHS. THEREFORE, IT IS RECOMMENDED THAT THE FILING OF THIS AS A CIVIL ACTION BY THE DEPT. OF JUSTICE PROCEED CONCURRENTLY WITH THESE ON-GOING DISCUSSIONS WITH THE CITY.

Defendants (1)

• MILFORD, CITY OFNamed in complaintNamed in settlement

Facilities (2)

• MILFORD WWTP

  1000 GENERAL MOTORS ROAD, MILFORD TWP, MI, 48381

  Registry ID: 110006740731

• MILFORD WWTP

  1000 GENERAL MOTORS ROAD, MILFORD TWP, MI, 48381

  Registry ID: 110006740731

Statutes cited

• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• MILFORD-CITY OFentered 1989-12-12

  Primary law: CWA

  Federal penalty: $70,000

Timeline (6 milestones)

• 1988-05-17Referred To Dept Of Justice
• 1988-07-15Complaint Filed With Court
• 1989-12-12Final Order Lodged
• 1989-12-12Final Order Entered
• 1989-12-12Concluded
• 1992-03-16Enforcement Action Closed