EPA v. NEWAYGO, MICHIGAN-CITY OF

Case summary

SMALL MUNICIPAL WASTEWATER TREATMENT PLANT WITH LONG-TERM, MULTIPLE NPDES AND UNLAWFUL DISCHARGE VIOLATIONS (PRIMARILY BOD & TSS) INTO THE MUSKEGON RIVER, RESULTING FROM OBSOLETE FACILITY. CONSENT DECREE INCLUDED SMALL CIVIL PENALTY, INTERIM AND FINAL EFFLUENT STANDARDS, AND COMPLIANCE SCHEDULE FOR CONSTRUCTION OF NEW SECONDARY WASTEWATER TREAT- MENT FACILITIES. - NEWAYGO HAS COMMITTED VIOLATIONS OF SECTION 301 OF THE CWA 33 U.S.C. SECTION 1311. NEWAYGO HAS VIOLATED THE EFFLUENT LIMITS IN TIS NATIONAL POLLUTANAT DISCHARGE ELIMINATION SYSTEM PERMIT(NPDES). - NEWAYGO FAILS ON A CONSISTENT BASIS TO ACHIEVE ITS FINAL EFFLUENT LIMITATIONS FOR BIOCHEMICAL OXYGEN DEMAND (BOD) AND TOTAL SUSPENDED SOLIDS (TSS). NEWAYGO HAS ALSO FAILED TO CONSTRUCT NEW WASTE WATER TREATMENT FACILITIES TO MEET FINAL EFFLUENT LIMITS BY THE JULY 1, 1988, STATUTORY DEADLINE. - THIS CASE IS SIGNIFICANT BECAUSE THE NATIONAL MUNICIPAL POLICY REQUIRED THAT ALL MUNICPALITIES FAILING TO MEET THE JULY 1, 1988 DEADLINE, BE PLACED ON A JUDICIALLY ENFORCEABLE COMPLIANCE SCHEDULE.

Defendants (2)

• STATE OF MICHIGANNamed in complaintNamed in settlement
• NEWAYGO, MICHIGAN-CITY OFNamed in complaintNamed in settlement

Facilities (2)

• NEWAYGO SANITARY WASTE DISPOSA

  M-37 NR BASSWOOD RD, NEWAYGO, MI, 49337

  Registry ID: 110010738309

• STATE OF MICHIGAN

  3423 N LOGAN ST, LANSING, MI, 48909

  Registry ID: 110020686300

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• NEWAYGO, MICHIGAN-CITY OFentered 1991-02-22

  Primary law: CWA

  Federal penalty: $20,000

Timeline (7 milestones)

• 1990-08-22Enforcement Action Data Entered
• 1990-09-17Referred To Dept Of Justice
• 1990-12-28Complaint Filed With Court
• 1991-02-22Final Order Lodged
• 1991-02-22Final Order Entered
• 1991-02-22Concluded
• 1993-11-23Enforcement Action Closed