EPA v. NEW ALBANY-CITY OF

Case summary

THE CITY OF NEW ALBANY, INDIANA, HAS VIOLATED THE CWA BY DISCHARGING POLLUTANTS THROUGH ITS WASTEWATER TREATMENT PLANT INTO NAVIGABLE WATERS OF THE UNITED STATES IN EXCESS OF THE FINAL EFFLUENT LIMITATIONS OF ITS NPDES PERMIT BY DIS CHARGING RAW AND PARTIALLY TREATED SEWAGE FROM ITS TREATMENT PLANT; BY FAILING TO OPERATE AN INDSUTRIAL PRETREATMENT PRO- GRAM AS REQUIRED BY ITS NPDES PERMIT; BY FAILING TO PROVIDE AN ADEQUATE ALTERNATIVE POWER SOURCE; AND BY FAILING TO COM- PLY WITH THE REQUIREMENTS OF ADMINISTRATIVE ORDER V-W-89-AO- 04. - OF PARTICULAR CONCERN IS THE CITY'S FAILURE TO IMPLEMENT ITS APPROVED PRETREATMENT PROGRAM BY FAILING TO SUBMIT MONTHLY REPORTS ON THE IMPLEMENTATION OF ITS PRETREATMENT PROGRAM; FAILING TO ISSUE DISCHARGE PERMITS TO ALL AFFECTED INDUSTRI- AL USERS; FAILING TO TAKE FORMAL ENFORCEMENT ACTION AGAINST INDUSTRIAL USERS THAT WERE IN NONCOMPLIANCE WITH THE POTW'S PRETREATMENT STANDARDS; FAILING TO PUBLISH IN THE AREA'S LARGEST DAILY NEWSPAPER A LIST OF THE INDUSTRIAL USERS THAT SIGNIFICANTLY VIOLATED THE MUNICIPAL SEWER USE ORDINANCE DURING 1986, 1987 AND 1988; FAILING TO MAINTAIN AN ADEQUATE STAFF TO IMPLEMENT THE POTW'S PRETREATMENT PROGRAM; AND FAILING TO REQUIRE INDUSTRIAL USERS TO SEMIANNUALLY MONITOR AND REPORT THE NATURE AND CONCENTRATION OF POLLUTANTS IN THER EFFLUENT DISCHARGES.

Defendants (1)

• NEW ALBANY-CITY OFNamed in complaintNamed in settlement

Facilities (1)

• NEW ALBANY WASTEWATER TREATMENT PLANT

  30 WEST 9TH STREET, NEW ALBANY, IN, 47150

  Registry ID: 110064215308

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• NEW ALBANY-CITY OFentered 1993-06-18

  Primary law: CWA

  Federal penalty: $175,000

Timeline (7 milestones)

• 1989-05-15Enforcement Action Data Entered
• 1989-09-21Referred To Dept Of Justice
• 1990-03-23Complaint Filed With Court
• 1993-06-18Final Order Lodged
• 1993-06-18Final Order Entered
• 1993-06-18Concluded
• 1996-09-20Enforcement Action Closed