EPA v. ROCHESTER (MI), CITY OF

Case summary

THIS IS A CLEAN WATER ACT ADMINISTRATIVE (PENALTY) COMPLAINT FOR VIOLATIONS OF 33 U.S.C.  1311 AND 1342. THE EPA FIRST ISSUED A PRE-FILING (WARNING) NOTICE LETTER. THE RESPOND- ENT'S REPLY WAS INFORMATION THAT MAY BE USED IN MITIGATION OF THE PENALTY AMOUNT, BUT DID NOT INDICATE A REASON NOT TO GO FORWARD WITH ENFORCEMENT. EFFECTIVE 6/30/94, THE CITY OF ROCHESTER WASTEWATER TREAT- MENT PLANT (WWTP) CEASED IT DIRECT WASTEWATER DISCHARGE TO THE CLINTON RIVER. THE WWTP CONNECTED TO THE CLINTON/OAK- LAND INTERCEPTOR AND IS DISCHARGING TO THE CITY OF DETROIT'S TREATMENT SYSTEM. BASED ON INFORMATION AND WITNESS STATEMENTS SUPPLIED BY MDEQ (AND ITS PREDECESSOR AGENCY--MDNR), EPA DETERMINED THAT ROCHESTER HAD FAILED TO ADEQUATELY INSTITUTE, OPERATE UNDER AND MAINTAIN A CWA/NPDES MANDATED PRETREATMENT PROGRAM, BETWEEN 1992 AND 1994. FURTHER, ROCHESTER HAD AN INSTANCE OF A MONTH LONG SERIES OF EXCEEDANCES OF SOME HAZARDOUS WASTES AT ITS PRETREATMENT PLANT IN JULY 1993, IN VIOLATION OF ITS NPDES PERMIT. IN SEPTMEBER 1997, EPA FILED AN AD- MINISTRATIVE COMPLAINT & PROPOSED PENALTY ORDER ($100,000). ROCHESTER RESPONDED, FILED AN ANSWER, AND THEN THE PARTIES ATTEMPTED TO NEGOTIATE A SETTLEMENT. EPA LATER HAD TO FILE A PREHEARING EXCHANGE, AND (AFTER INTERVIEWING THE CHIEF MDEQ WITNESSES) AMENDED THE COMPLAINT AND PROPOSED PENALTY FIGURE ($48,000). EPA AND ROCHESTER ULTIMATELY SETTLED THE CASE FOR A CASH PENALTY ($12,000) AND A SUPPLEMENTAL EN- VIRONMENTAL PROJECT (SEP) WORTH $33,000.

Defendants (1)

• CITY OF ROCHESTERNamed in complaintNamed in settlement

Facilities (1)

• CITY OF ROCHESTER MICHIGAN WASTEWATER TREATMENT PL

  400 SIXTH ST, ROCHESTER, MI, 48307

  Registry ID: 110010740564

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ROCHESTER (MI), CITY OFentered 1998-12-30

  Primary law: CWA

  Federal penalty: $12,000

Timeline (4 milestones)

• 1997-09-24Complaint Filed/Proposed Order
• 1997-10-20Enforcement Action Data Entered
• 1998-12-30Final Order Issued
• 1999-06-30Enforcement Action Closed