EPA v. MT. CLEMENS, WWTP

Case summary

ON SEPTEMBER 16, 1992, THE UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY, REGION 5, (HEREINAFTER THE U.S. EPA) FILED AN ADMINISTRATIVECOMPLAINT TO THE CITY OF MT. CLEMENS (HEREINAFTER THE RESPONDENT ) TOASSESS A CLASS II ADMINISTRATIVE PENALTY UNDER SECTION 309(G) OF THECLEAN WATER ACT (THE ACT ), 33 U.S.C. SECTION 1319(G). BASED UPON THEFINDINGS OF VIOLATION SET FORTH IN THE ADMINISTRATIVE COMPLAINT, ANDPURSUANT TO THE AUTHORITY OF SECTION 309(G) OF THE ACT, 33 U.S.C.SECTION 1319(G), U.S. EPA PROPOSED TO ISSUE A FINAL ORDER ASSESSINGADMINISTRATIVE PENALTIES AGAINST THE RESPONDENT IN THE AMOUNT OF$125,000. THE RESPONDENT VIOLATED THE FINAL EFFLUENT LIMITATIONS OF ITSNPDES PERMIT A TOTAL OF 1,017 DAYS FROM JANUARY 1988 THROUGH APRIL 1992.RESPONDENT'S OWN DISCHARGE MONITORING REPORTS (DMRS) REVEAL 2,795VIOLATIONS IN THOSE 1,017 DAYS. MANY OF RESPONDENT'S EFFLUENT LIMIT VIOLATIONS WERE GENERALLYEXCEEDED BY MORE THAN 100 PERCENT AND SEVERAL TOXIC METAL LIMITATIONSWERE EXCEEDED BY MORE THAN 1,000 PERCENT. IN SOME INSTANCES, THERESPONDENT VIOLATED THE MONTHLY AVERAGE FOR A GIVEN POLLUTANT FORSEVERAL CONTINUOUS MONTHS. IN ADDITION , DURING THOSE SAME MONTHS THEREWERE AS MANY AS SIX (6) MONTHLY LIMIT EXCEEDENCES FOR DIFFERENTPOLLUTANTS IN THAT SAME MONTH. WHILE COMPLAINANT HAS NO INFORMATION ON WHETHER THESE VIOLATIONSCAUSED IDENTIFIABLE ENVIRONMENTAL HARM, WE ALSO HAVE NO INFORMATION THATTHESE VIOLATIONS DID NOT CAUSE ENVIRONMENTAL HARM. THE POLLUTANTS THATCOULD HAVE CAUSED THE MOST HARM ARE THE METALS, PHOSPHOROUS AND CYANIDE.NOT ONLY DO THESE POLLUTANTS CAUSE ACUTE TOXICITY BUT ALSO CHRONICTOXICITY. THE PARTIES MET TO DISCUSS SETTLEMENT ON FEBRUARY 8, 1993.RESPONDENT HAS AGREED TO PAY $10,000 IN PENALTIES FOR ITS PASTVIOLATIONS ( THE ECONOMIC BENEFIT OF NONCOMPLIANCE IS ONLY $2,000) ANDTO UNDERTAKE A SUPPLEMENTAL ENVIRONMENTAL PROJECT WHICH WILL COST IT$35,000. THE TOTAL OF THIS SETTLEMENT PACKAGE ( $45,000) IS ABOVE U.S.EPA'S BOTTOMLINE OF $42,000 FOR THIS ACTION. THE SEP PROPOSED BY THE CITY OF MT. CLEMENS IS CONSISTENT WITH THEAGENCY'S POLICY ON THE USE OF SUPPLEMENTAL ENVIRONMENTAL PROJECTS?SEPS? IN EPA SETTLEMENTS, DATED FEBRUARY 12, 1991 (HEREINAFTER POLICY ). THIS SEP QUALIFIES AS AN ENVIRONMENTAL RESTORATION PROJECTAS DEFINED IN THE POLICY IN THAT IT WILL NOT ONLY REPAIR ANY DAMAGE DONETO THE ENVIRONMENT BECAUSE OF THE VIOLATIONS (OF WHICH THE U.S. EPA HASLIMITED CIRCUMSTANTIAL EVIDENCE) BUT WILL ALSO ENHANCE THE WATER QUALITYOF HE CLINTON RIVER. THIS SEP PROJECT INVOLVES THE RENOVATION,MODIFICATION OR RECONSTRUCTIONOF THE CLINTON RIVER SPILLWAY WEIR IN AMANNER SO AS TO INCREASE THE FLOW AND WATER QUALITY IN THE NATURALCHANNEL OF THE CLINTON RIVER DOWNSTREAM FROM THE EXISTING CLINTON RIVERSPILLWAY WEIR DOWN TO LAKE ST. CLAIR. THIS PROJECT WILL DECREASE THE POLLUTANT LOADING ACCUMULATION IN THE CLINTON RIVER DOWNSTREAM FROM ACURRENTLY EXISTING SPILLWAY WEIR. THE CURRENTLY EXISTING WEIR HAS PREVENTED RAPID DISINTEGRATION OF TOTAL SUSPENDED SOLIDS DUE TO LACK OFMOVEMENT AND /OR CONTACT WITH NATURAL OCCURRING DISINTEGRATOR ORGANISMSPRESENT IN WATER. THE SEDIMENT IN THE CLINTON RIVER DOWNSTREAM OF THEWEIR HAS NOT HAD SUFFICIENT CONTACT WITH DECAYING ORGANISMS, THUS THERIVER HAS TAKEN A LONGER TIME TO CLEAN ITSELF. THE FLOW OF WATERTHROUGH THE CLINTON RIVER DOWNSTREAM OF THE WEIR (WHICH CURRENTLY IS ATLITTLE TO NO FLOW) CAN BE ACHIEVED IF THIS PROJECT IS COMPLETED. THEPROPOSED INCREASE OF THE RIVER FLOW WILL CREATE DISSOLVED OXYGEN IN THEWATER, A GREATLY NEEDED ELEMENT FOR THE SURVIVAL OF FISH AND WILDLIFE.

Defendants (1)

• CITY OF MT. CLEMENS, MICHIGANNamed in complaintNamed in settlement

Facilities (1)

• MOUNT CLEMENS CITY OF WWTP

  1750 CLARA, MOUNT CLEMENS, MI, 48043

  Registry ID: 110000549489

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MT. CLEMENS, WWTPentered 1993-09-17

  Primary law: CWA

  Federal penalty: $10,000

Timeline (4 milestones)

• 1992-09-16Complaint Filed/Proposed Order
• 1993-09-17Final Order Issued
• 1993-10-13Enforcement Action Closed
• 1994-07-19Enforcement Action Data Entered