EPA v. HAMMOND SANITARY DISTRICT

Case summary

USEPA, REGION 5, HAS HAD A LONG ENFORCEMENT HISTORY WITH THE HAMMONDSANITARY DISTRICT (HSD). A CIVIL ACTION WAS FILED BY DOJ IN 1980 TOREQUIRE HSD TO CEASE UNPERMITTED DISCHARGES INTO LAKE MICHIGAN. DOJAGAIN FILED A CIVIL ACTION AGAINST HSD IN 1983 FOR UNPERMITTEDDISCHARGES OF SLUDGES INTO THE GRAND CALUMET RIVER. THAT CIVIL ACTIONWAS RESOLVED IN 1986 WITH THE FILING OF A CONSENT DECREE. IN 1988,HOWEVER, DOJ INITIATED CONTEMPT PROCEEDINGS AGAINST HSD FOR ALLEGEDVIOLATIONS OF THE 1986 CONSENT DECREE, THE MOST SERIOUS OF WHICH WASHSD'S FAILURE TO IMPLEMENT ITS EPA-APPROVED PRETREATMENT PROGRAM. ASYOU KNOW, DOJ AND REGION V TOOK THIS MATTER TO TRIAL IN 11/91 THROUGH1/92. THE JUDGE HAS NOT RENDERED HIS DECISION YET. MY REFERRAL TO YOU TODAY IS BASED UPON YEARS OF NATIONAL POLLUTANTDISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT VIOLATIONS. AS DETAILED INGREATER DEPTH WITHIN THE REPORT, HSD HAS NOT SUBMITTED A DISCHARGEMONITORING REPORT (DMR) TO STATE/FEDERAL REGULATORY AUTHORITES FROM ITSCOLUMBIA AVENUE WASTEWATER TREATMENT PLANT THAT EAS IN FULL COMPLIANCEWITH ITS NPDES PERMIT IN OVER 10 YEARS. ADDITIONALLY, HSD OPERATED ANILLEGAL OUTFALL FROM THE WWTP TO THE GRAND CALUMET RIVER THROUGH WHICHHSD DISCHARGED PARTIALLY-TREATED WASTEWATERS FOR A NUMBER OF YEARS. THEDIRECT RESULT OF YEARS OF CWA VIOLATIONS BY HSD HAS BEEN THE SEVERECONTAMINATION AND DEGREDATION OF THE GRAND CALUMET RIVER, AND THESEDIMENTS UNDERLYING IT. I BELIEVE THAT THE DOJ SHOULD SEEK AN ORDER REQUIRING HSD TO COMPLYWITH ALL NPDES PERMIT CONDITIONS AND CEASE ALL DISCHARGES THAT VIOLATETHE CWA. ADDTIONALLY, I SUBMIT THAT DOJ AND U.S.EPA SHOULD SEEK ANORDER, CONSENSUAL OR OTHERWISE, THAT WILL REQUIRE HSD TO DREDGE ASUBSTANTIAL PORTION OF THE GRAND CLAUMET RIVER ADJACENT TO ANDDOWNSTREAM FROM THE COLUMBIA ANVENUE WWTP. FINALLY, DOJ AND USEPA SHOULD SEEK A CASH CIVIL PENALTY FROM HSD. I HAVE CONCLUDED, AFTER A CAREFUL REVIEW OF REGION 5'S ENFORCEMENTHISTORY WITH THE HSD, THAT REFERRAL OF THIS IMPORTANT CWA MATTER TO YOUREPRESENTS THE MOST EXPEDIENT WAY FOR THIS AGENCY TO ADDRESS A SERIOUSENVIRONMENTAL CONCERN IN NORTHWESTERN INDIANA. I RECOMMEND THAT YOU ANDTHE U.S.ATTY FOR THE N.D.INDIANA PREPARE TO FILE A CIVIL ACTION UNDERTHE CWA AGAINST HSD.

Defendants (3)

• MUNSTER, IN - TOWN OFNamed in complaintNamed in settlement
• SANITARY DISTRICT OF HAMMONDNamed in complaintNamed in settlement
• HAMMOND, IN - CITY OFNamed in complaintNamed in settlement

Facilities (1)

• HAMMOND WASTEWATER FACILITY

  5143 COLUMBIA AVE, HAMMOND, IN, 46320

  Registry ID: 110020660578

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• HAMMOND SANITARY DISTRICTentered 1999-06-17

  Primary law: CWA

Timeline (8 milestones)

• 1988-01-15Enforcement Action Data Entered
• 1992-06-30Referred To Dept Of Justice
• 1993-08-02Final Order Lodged
• 1993-08-02Complaint Filed With Court
• 1999-06-17Final Order Entered
• 1999-06-17Concluded
• 2011-11-07Demand for Stipulated Penalties
• 2021-11-17Enforcement Action Closed