EPA v. CITY OF CLINTON WWTP

Case summary

SECTION 405(D) OF LEAN WATER ACT COMPLAINT AGAINST THE CITY OF CLINTON, INDIANA WASTEWATER TREATMENT PLANT THROUGH ISSUANCE OF A CONSENT AGREEMENT AND CONSENT ORDER FOR FULL COMPLIANCE AND PAYMENT OF A $1,000PENALTY. IMPACT; ON SEPTEMBER 16, 1997, U.S. EPA ISSUED AN ADMINISTRATIVE COMPLAINT AND NOTICE OF OPPORTUNITY FOR HEARING PURSUANT TO SECTION 309(G) OF THE CLEAN WATER ACT (CWA) TO THE CITY OF CLINTON, INDIANA WASTEWATER TREATMENT PLANT (CLINTON). IN THE COMPLAINT, U.S. EPA CITED CLINTON FOR ITS FAILURE TO MEET CEILING CONCENTRATION LIMITATIONS FOR CADMIUM. THE COMPLAINT PROPOSED A CIVIL PENALTY OF $3,000. FOLLOWING NEGOTIATIONS WITH CLINTON, CLINTON HAS SIGNED A CACO THAT RESOLVES THIS MATTER. THE TERMS OF THE CACO REQUIRES FULL COMPLIANCE WITH THE REQUIREMENTS OF THE CWA AND A CIVIL PENALTY OF $1,000. BACKGROUND; IN ITS COMPLAINT, U.S. EPA ALLEGED THAT CLINTON WAS SUBJECT TO THE STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE WHICH WERE PROMULGATED PURSUANT TO SECTION SECTION 405(D) OF THE CWA AND ARE CODIFIED AT 40 C.F.R., PART 503. THE REGULATIONS APPLY WHEN WASTEWATER SLUDGE IS APPLIED TO LAND AND ARE INTENDED TO ENSURE THAT WASTEWATER SLUDGE APPLIED TO LAND DOES NOT CONTAIN POLLUTANTS IN EXCESS OF FEDERALLY SET CONCENTRATION LIMITS. SPECIFIC TO THIS CASE, THE REGULATIONS PROHIBIT THE APPLICATION OF BULK SEWAGE SLUDGE TO LAND IF THE CON- CENTRATION OF CADMIUM IN THE SEWAGE SLUDGE EXCEEDS THE CONCENTRATION LIMIT. FOLLOWING THE TREATMENT OF SEWAGE SLUDGE AT CLINTON'S TREATMENT WORKS, CLINTON APPLIED THE BULK SEWAGE SLUDGE TO LAND AND WAS, THEREFORE, SUBJECT TO WASTEWATER SLUDGE REGULATIONS. CLINTON'S ANNUAL SLUDGE REPORTS DEMONSTRATED THAT CLINTON EXCEEDED, ON ONE DAY, THE CEILING CONCENTRATION LIMIT FOR CADMIUM SPECIFIED IN THE REGULATIONS. ASKED FOR GAIL'S CONCURRENCE ON 4/13/98; WILL PUT INTO SIGNOFF THE WEEK OF APRIL 13, 1998.

Defendants (1)

• CITY OF CLINTONNamed in settlement

Facilities (1)

• CITY OF CLINTON

  259 VINE ST, CLINTON, IN, 47842

  Registry ID: 110010593599

Statutes cited

• CWA 405 — Sewage Sludge Disposal

Enforcement conclusions (1)

• CITY OF CLINTON WWTPentered 1997-09-16

  Primary law: CWA

  Federal penalty: $1,000

Timeline (3 milestones)

• 1997-09-16Final Order Issued
• 1998-04-13Enforcement Action Data Entered
• 1998-05-19Enforcement Action Closed