EPA v. SHAWNEE #2 WWTP

Case summary

VIOLATIONS OF THE CWA, 33 USC SS 1251 ET SEQ., BY ALLEN COUNTY, OHIO (THE COUNTY OR DEFENDANT , AND THE STATE OF STATE OF OHIO, AT THE AMERICAN BATH WWTP, AND THE SHAWNEE #2 WWTP, IN ALLEN COUNTY, OHIO. THE USEPA RECOMMENDS THE INI- TIATION OF A CIVIL ACTION AGAINST THE COUNTY, AND THE STATE OF OHIO, UNDER SECT 309B OF THE CWA, 33 USC S1319B, SEEKING CIVIL PENALTIES AND INJUNCTIVE RELIEF. - THE COUNTY OWNS AND OPERATES THE PLANTS, WHICH ARE OPERATING IN VIOLATION OF THE EFFLUENT LIMITS IN THEIR NPDES PERMITS. COMPLIANCE WITH THOSE LIMITS IS NECESSARY TO ENSURE ATTAIN- MENT OF THE WATER QUALITY STANDARDS FOR THE OTTAWA RIVER AND ITS TRIBUTARY PIKE RUN. UNLESS CORRECTIVE ACTION IS ORDERED THE REGION BELIEVES THAT THE COUNTY WILL NOT ACHIEVE COM- LIANCE WITH THE NPDES PERMITS IN THE FORESEEABLE FUTURE. - PURSUANT TO SECT 309E OF THE CWA, 33 USC S1319E, USEPA HAS INCLUDED THE STATE OF OHIO AS A PARTY BECAUSE THE DEFENDANT COUNTY IS A MUNICIPALITY AS THAT TERM IS DEFINED BY SECT 502 (4) OF THE CWA, 33 USC S1362(4). THE STATE OF OHIO MAY BE LIABLE FOR EXPENSES INCURRED BY THE COUNTY AS A RESULT OF THIS CASE. - USEPA, REGION V REQUESTS PRE-FILING SETTLEMENT AUTHORITY IN THIS CASE. IN ADDITION, WE REQUEST THAT THE ATTACHED REPORT BE REVIEWED AND THE CASE FILED SEEKING INJUNCTIVE RELIEF AND A CIVIL PENALTY OF AT LEAST $96,000. - ALSO ENCLOSED IS A REQUEST FOR CONCURRENCE ON A PARALLEL PRO CEEDING, DUE TO THE FACT THAT A CRIMINAL INVESTIGATION RE- GARDING ALLEGED FALSIFICATION OF CERTAIN OF THE COUNTY'S EFFLUENT DATA FOR THE WASTEWATER TREATMENT PLANTS AT ISSUE. AS INFORMATION REGARDING ANY FALSIFIED DATA BECOMES KNOWN, THE REGION WILL TAKE IT INTO ACCOUNT IN DEVELOPING THIS CIVIL ENFORCEMENT ACTION.

Defendants (1)

• SHAWNEE #2 WWTP

Facilities (1)

• SHAWNEE 2 WWTP

  3640 SPENCERVILLE RD, LIMA, OH, 45805

  Registry ID: 110001162802

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Timeline (5 milestones)

• 1991-07-26Enforcement Action Data Entered
• 1991-10-10Referred To Dept Of Justice
• 1991-10-10Complaint Filed With Court
• 1991-10-10Concluded
• 1991-10-10Enforcement Action Closed