EPA v. LAWRENCE COUNTY, OHIO

Case summary

SINCE 02/88, THE PLANT HAS BEEN VIOLATING CERTAIN REQUIRE- MENTS OF ITS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT NO. OH0094684. THE PERMIT ESTABLISHED, AMONG OTHER THINGS, FINAL EFFLUENT LIMITATIONS (FELS), A SCHEDULE TO REDUCE THE EXCESSIVE INFILTRATION AND INFLOW (I/I) IN THE PLANT'S COLLECTION SYSTEM, AND THE REQUIREMENT TO CEASE BYPASSES AND OVERFLOWS AT SPECIFIC LOCATIONS IN THE SYSTEM BY 07/01/88. - MONTHLY OPERATING REPORTS, PREPARED AND SUBMITTED BY THE COUNTY TO THE OEPA, DOCUMENT VIOLATIONS OF FELS FOR TOTAL RESIDUAL CHLORINE(TRC), TOTAL SUSPENDED SOLIDS (TSS), AND FECAL COLIFORM COUNT (FC) DURING THE PERIOD COVERING 2/88 THROUGH 9/89. INFORMATION AVAILABLE TO THIS AGENCY ALSO INDICATES THAT THE COUNTY HAS NOT INITIATED WORK ON REDUCING THE EXCESSIVE I/I IN THE COLLECTION SYSTEM AS OUTLINED IN THE SCHEDULE OF COMPLIANCE CONTAINED IN THE PERMIT. - IN ADDITION, BYPASSES AND OVERFLOW IN THE PLANT'S COLLECTION SYSTEM HAVE OCCURRED AFTER 7/1/88. THE PRESENCE OF EXCES- SIVE I/I IN THE COLLECTION SYSTEM COULD ADVERSELY AFFECT THE PLANT'S ABILITY TO MEET ITS FINAL EFFLUENT LIMITATIONS ON A CONSISTENT BASIS. RECENT MONTHLY OPERATING REPORTS INDICATE THAT, ON SEVERAL OCCASIONS, INFLUENT WASTEWATER FLOW TO THE PLANT HAS EXCEEDED THE DESIGN CAPACITY OF THE PLANT. IN OTHER WORDSW, THE PLANT IS HYDRAULICALLY OVERLOADED. EVEN THOUGH THE PLANT HAS RECENTLY BEEN COMPLYING WITH ITS FES, THE POTENTIAL FOR FUTURE EXCURSIONS REMAINS. THE CONTINUED BYPASSING OF UNTREATED WASTEWATER FROM CERTAIN POINTS IN THE COLLECTION SYSTEM TO THE RECEIVING STREAM IS UNAUTHORIZED AND SHOULD CEASE IMMEDIATELY. - U.S.EPA SEEKS A U.S. COURT ORDER REQUIRING THE COUNTY TO PROCEED WITH PLANS ON REDUCING THE EXCESSIVE I/I IN THE PLANT'S COLLECTION SYSTEM AND CEASE THE UNAUTHORIZED DISCHARGES OF UNTREATED WASTEWATER TO THE RECEIVING STREAM FROM BYPASS/OVERFLOW POINTS IN THE SYSTEM. IN ADDITION, U.S. EPA WILL SEEK APPROPRIATE CIVIL PENALTIES FOR VIOLATIONS OF THE FELS AND OTHER REQUIREMENTS CONTAINED IN THE COUNTY'S EFFECTIVE NPDES PERMIT.

Defendants (1)

• LAWRENCE COUNTY WASTEWATER TREATMENT PLTNamed in complaintNamed in settlement

Facilities (1)

• LAWRENCE COUNTY COMMISSIONERS

  OLD RTE 52, CHESAPEAKE, OH, 45619

  Registry ID: 110010738185

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• LAWRENCE COUNTY - UNION ROMEentered 1994-05-04

  Primary law: CWA

  Federal penalty: $15,000

Timeline (7 milestones)

• 1990-08-31Referred To Dept Of Justice
• 1990-10-10Enforcement Action Data Entered
• 1991-05-09Complaint Filed With Court
• 1994-05-04Final Order Lodged
• 1994-05-04Final Order Entered
• 1994-05-04Concluded
• 1998-02-04Enforcement Action Closed