EPA v. LICKING COUNTY

Case summary

LICKING COUNTY HAS VIOLATED THE TERMS AND CONDITIONS OF ITS NPDES PERMIT SINCE 1992 OR EARLIER AND APPARENTLY TOOK NO STEPS TO CORRECT THOSE VIOLATIONS UNTIL U.S. EPA ISSUED ITS FIRST ADMINISTRATIVE ORDER ON DECEMBER 12, 1994. IN AUGUST 1995, LICKING COUNTY CERTIFIED THAT IT WAS IN COMPLIANCE. DESPITE THIS CERTIFICATION, VIOLATIONS OF EFFLUENT LIMITA- TIONS, MONITORING REQUIREMENTS AND THE PROHIBITION ON BYPASS ING AND OVERLOWS PERSIST. ON FEBRUARY 6, 1997, U.S. EPA ISSUED A SECOND ADMINISTRATIVE ORDER REQUIRING LICKING COUNTY TO ELIMINATE ANY FUTURE BYPASSES OR OVERFLOWS. LICKING COUNTY HAS NOTIFIED U.S. EPA OF ITS INTENT TO COMPLY WITH THIS ORDER. HOWEVER, SINCE THE EFFLUENT AND MONITORING VIOLATIONS WERE NOT RESOLVED BY THE DECEMBER 12, 1994 ORDER, U.S. EPA SEEKS A COURT ORDER REQUIRING IMPROVEMENTS TO THE PLANT TO ELIMINATE THESE VIOLATIONS. IN ADDITION, U.S. EPA REQUESTS THAT WORK REQUIRED UNDER THE FEBRUARY 6, 1997 ORDER TO ELIMINATE BYPASSING/OVERFLOWS BE INCORPORATED INTO THE SAME COURT ORDER. IN ADDITION, LICKING COUNTY HAS VIOLATED THE SLUDGE STANDARDS IN 40 C.F.R. PART 503.THE REGION HAS PREPARED A DRAFT CONSENT DECREE TO PRESENT TO LICKING COUNTY. WE ARE CURRENTLY WAITING FOR COMMENTS ONH THE DRAFT FROM THE OHIO AC'S OFFICE.

Defendants (2)

• LICKING COUNTY, OHIONamed in complaintNamed in settlement
• STATE OF OHIONamed in complaintNamed in settlement

Facilities (1)

• BUCKEYE LAKE WWTP

  458 HILTON RD, BUCKEYE LAKE, OH, 43008

  Registry ID: 110064595335

Statutes cited

• CWA 405 — Sewage Sludge Disposal
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• LICKING COUNTYentered 2005-08-31

  Primary law: CWA

  Federal penalty: $37,500 · State/local: $37,500

Timeline (8 milestones)

• 1997-08-06Referred To Dept Of Justice
• 1997-10-08Enforcement Action Data Entered
• 2005-07-05Complaint Filed With Court
• 2005-07-05Final Order Lodged
• 2005-08-31Final Order Entered
• 2007-03-27Demand for Stipulated Penalties
• 2012-04-11Enforcement Action Closed
• 2012-04-11NPDES Closed