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05-1988-0311JudicialClosedFY 1988· Region 05

EPA v. NEORSD - NORTHEAST OHIO REGIONAL SEWER DISTRICT

Final Order With Penalty

Penalty assessed

$40,000

Case summary

REFERRAL IS BEING WRITTEN AND PROCESSED PRIOR TO SENDING TO DOJ. A. BACKGROUND AND NATURE OF THE CASE NORTHEAST OHIO REGIONAL SEWER DISTRICT (NEORSD) HAS BEEN OPERATING ITS WASTEWATER TREATMENT PLANT (WWTP) IN VIOLATION OF ITS NPDES PERMIT LIMITATIONS SINCE JANUARY 1, 1985, AND CONSEQUENTLY IS IN VIOLATION OF THE CLEAN WATER ACT. NEORSD IS CURRENTLY UNABLE TO MEET ALL OF ITS FINAL EFFLUENT LIMITA TIONS, IN VIOLATION OF THE CWA'S STATUTORY DEADLINE OF JULY 1, 1988. B. CASE OF ACTION NEORSD'S WWTP DISCHARGE IS IN VIOLATION OF SECTION 301 OF THE CWA. SECTION 309(B) OF THE CWA, 33 U.S.C. SECTION 319 (B), PROVIDES THE AUTHORITY FOR U.S. EPA TO SEEK PERMANENT OR TEMPORARY INJUNCTIVE RELIEF FOR VIOLATIONS OF THE CWA, A PERMIT, OR A U.S. EPA ADMINISTRATIVE ORDER. C. PROPOSED REMEDY IN ORDER TO ACHIEVE COMPLIANCE WITH THE CWA, NEORSD MUST COM MIT TO A FIXED JUDICIALLY ENFORCEABLE SCHEDULE TO MEET FINAL EFFLUENT LIMITATIONS AND ALL OTHER REQUIREMENTS IN ITS NPDES PERMIT AS EXPEDITIOUSLY AS POSSIBLE. CONSENT DECREE ENTERED 9-22-98; $40,000 PENALTY

Defendants (1)

  • NEORSDNamed in complaintNamed in settlement

Facilities (1)

  • NORTHEAST OHIO REGIONAL SD *

    3826 EUCLID AVE, CLEVELAND, OH, 44115

    Registry ID: 110017611645

Statutes cited

  • CWA 402Clean Water Act
  • CWA 309Violation of Existing AO

Enforcement conclusions (1)

  • NEORSD - NORTHEAST OHIOentered 1998-09-22

    Primary law: CWA

    Federal penalty: $40,000

Timeline (9 milestones)

  • 1988-08-10Enforcement Action Data Entered
  • 1988-10-08Referred To Dept Of Justice
  • 1989-05-09Returned To Region
  • 1989-09-28Rereferred
  • 1990-08-02Final Order Lodged
  • 1990-08-02Complaint Filed With Court
  • 1998-09-22Final Order Entered
  • 1998-12-01Concluded
  • 1998-12-01Enforcement Action Closed

Case metadata

EPA activity ID
27007
Case number
05-1988-0311
DOJ docket
90-5-1-1-3301
Lead agency
EPA
HQ division
WAT
Branch
AWTL
EPA region
05
Multimedia
No
Voluntary self-disclosure
No
Primary statute
Clean Water Act

Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-1988-0311 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.