EPA v. OHIO UTILITIES CO.

Case summary

DESPITE ENFORCEMENT ACTIONS BY THE STATE OF OHIO AND A NO- TICE OF VIOLATION FROM USEPA, OHIO UTILITIES CONTINUES TO VIOLATE THE TERMS OF ITS NATIONAL POLLUTANT DISCHARGE ELIMI- NATION SYSTEM ( NPDES ) PERMIT AT THE ABOVE-REFERENCED FACI- LITY. OHIO UTILITIES IS A SUBSIDIARY OF CITIZENS UTILITIES CO., AN INVESTOR-OWNED PUBLIC UTILITY CO. OHIO UTILITIES OWNS AND OPERATES THE BLACKLICK ESTATES WASTEWATER TREATMENT PLANT WHICH PROVIDES WASTEWATER TREATMENT FOR APPROXIMATELY 2,880 RESIDENTIAL AND 74 COMMERCIAL CUSTOMERS IN UNINCORPO- RATED MADISON TOWNSHIP, FRANKLIN COUNTY, OHIO. OHIO UTILITIES OBTAINED ITS ORGINAL NPDES PERMIT ON DECEM- BER 9, 1981. THIS PERMIT WAS RENEWED ON FEBRUARY 12, 1986. ITS CURRENT NPDES PERMIT WAS ISSUED ON MAY 16, 1988. OHIO UTILITIES APPEALED THE TERMS OF THIS PERMIT. THE RESOLUTION OF THAT APPEAL RESULTED IN A PERMIT MODIFICATION ISSUED ON MARCH 1, 1990, WITH AN EFFECTIVE DATE OF APRIL 10, 1990. SINCE JULY 1988, OHIO UTILITIES HAS VIOLATED FINAL EFFLUENT LIMITATIONS FOR TOTAL SUSPENDED SOLIDS, FIVE-DAY CARBONACE- OUS BIOCHEMICAL OXYGEN DEMAND, OIL AND GREASE, AND FECAL COLIFORM. OHIO UTILITIES HAS ALSO VIOLATED MONITORING RE- QUIREMENTS CONTAINED IN ITS NPDES PERMIT ON SEVERAL OCCA- SIONS. ACCORDING TO OHIO UTILITIES' MONTHLY OPERATING RE- PORTS FROM JULY 1988 THROUGH JULY 1990, OHIO UTILITIES HAS EXCEEDED DAILY EFFLUENT NPDES PERMIT LIMITS ON NINE OCCA- SIONS, WEEKLY AVERAGE EFFLUENT LIMITS ON 63 OCCASIONS AND MONTHLY AVERAGE EFFLUENT LIMITS ON 31 OCCASIONS. OHIO UTI- LITIES ALSO FAILED TO UNDERTAKE THE REQUIRED MONITORING ON A TOTAL OF NINE SEPARATE OCCASIONS. DESPITE AN ENFORCEMENT ACTION INSTITUTED BY THE STATE OF OHIO AND A SUBSEQUENT NEGO TIATED SETTLEMENT OF THAT ACTION, OHIO UTILITIES CONTINUES TO VIOLATE SEVERAL OF THE PARAMETERS IN ITS MODIFIED PERMIT.

Defendants (1)

• OHIO UTILITIES CO.Named in complaintNamed in settlement

Facilities (2)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

• BLACKLICK ESTATES WWTP

  4010 SIGNAL DR, COLUMBUS, OH, 43227

  Registry ID: 110000735474

Statutes cited

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

Enforcement conclusions (1)

• OHIO UTILITIES CO.entered 1993-03-23

  Primary law: CWA

  Federal penalty: $400,000

Timeline (7 milestones)

• 1990-09-30Enforcement Action Data Entered
• 1990-12-17Referred To Dept Of Justice
• 1991-09-30Complaint Filed With Court
• 1993-03-23Final Order Entered
• 1993-03-23Concluded
• 1993-03-23Enforcement Action Closed
• 1993-03-23Final Order Lodged