EPA v. TOLEDO-CITY OF

Case summary

The Parties have now agreed to certain modifications to the Consent Decree, as set forth herein. The proposed modifications address certain injunctive obligations related to improvements that have either been built or are required under the Consent Decree to be built at Toledo's Bay View Plant, and, as an additional requirement, requires Toledo to perform a certain Pathogen Study, described in Paragraph 4. The proposed amendments to the Consent Decree result from negotiations among the Parties regarding these amendments and EPA's conditional approval of Toledo's proposed Long Term Control Plan to control Toledo's combined sewer overflows, which Toledo submitted to EPA on April 24, 2009, pursuant to Paragraph 32 of the Consent Decree. EPA has conditioned its approval of Toledo?s proposed Long Term Control Plan, issued to Toledo on June 5, 2009, upon the Court?s entry of this proposed First Amendment to Consent Decree (the First Amendment ). Second Amendment to consent decree filed 4/19/2022

Defendants (2)

• STATE OF OHIONamed in complaint
• TOLEDO, OHIO - CITY OFNamed in complaintNamed in settlement

Facilities (1)

• TOLEDO BAY VIEW PARK WWTP

  3900 N SUMMIT ST BLDG 1, TOLEDO, OH, 43611

  Registry ID: 110000556577

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (3)

• TOLEDO -CITY OFentered 2002-12-16

  Primary law: CWA

  Federal penalty: $435,000 · State/local: $65,000 · SEP: $1,000,000

• TOLEDO-CITY OFentered 2011-02-09

  Primary law: CWA

• TOLEDO-CITY OFentered 2022-08-10

  Primary law: CWA

Timeline (7 milestones)

• 1990-01-10Enforcement Action Data Entered
• 1990-03-26Referred To Dept Of Justice
• 1990-12-28Returned To Region
• 1991-03-12Rereferred
• 1991-10-29Complaint Filed With Court
• 2022-04-19Final Order Lodged
• 2022-08-10Final Order Entered