EPA v. ROSELLE, VILLAGE OF

Case summary

FACILITY STORED SLUDGE ON A PARKING LOT. AFTER A RAIN EVENT SLUDGE WAS WASHED INTO A STORM SEWER IN VIOLATION OF THE VILLAGE'S NPDES PERMIT. NPDES PERMIT VIOLATION, IMPROPER HANDLING OF SLUDGE. THE VILLAGE OF ROSELLE OWNS A SLUDGE STORAGE BUILDING LOCATED AT THE BOTTERMAN POTW FACILITY. AN INSPECTION NOTED SLUDGE STORED AT THE SLUDGE STORAGE BUILDING EXTENDING MORE THAN SIX FEET OUTSIDE THE BUILDING ONTO A DRIVEWAY. DOWN SLOPE FROM THE SLUDGE STORAGE BUILDING IS A STORM DRAIN ( STORM DRAIN ). STORM WATER RUNNING-OFF THE SLUDGE STORED OUTSIDE THE BUILDING FLOWS INTO THE STORM DRAIN, WHICH FLOWS INTO THE WEST BRANCH OF THE DUPAGE RIVER. STORM WATER RUN-OFF FROM THE SLUDGE PILE CONTAINS COLLECTED SCREENINGS, SLURRIES, SLUDGES, AND OTHER SOLIDS, POLLUTANTS AS THAT TERM IS DEFINED BY THE ACT. ON MAY 9, 1995, THE EPA ISSUED NPDES PERMIT NO.IL0048721 ( THE PERMIT ) TO ROSELLE. THE PERMIT BECAME EFFECTIVE ON NOVEMBER 1, 1996 AND HAS AN EXPIRATION DATE OF OCTOBER 31, 2001. THE PERMIT AUTHORIZES THE DISCHARGE OF POLLUTANTS FROM THE POTW TO THE WEST BRANCH OF THE DUPAGE RIVER SUBJECT TO CERTAIN TERMS AND CONDITIONS. THE PERMIT CONTAINS STANDARD CONDITIONS, INCLUDING CONDITION 23 WHICH REQUIRES THAT COLLECTED SCREENING, SLURRIES, SLUDGES, AND OTHER SOLIDS BE DISPOSED OF IN SUCH A MANNER AS TO PREVENT ENTRY OF THOSE WASTES (OR RUNOFF FROM THOSE WASTES) INTO THE WATERS OF ILLINOIS. RESPONDENT HAS FAILED TO PREVENT RUNOFF FROM COLLECTED SCREENINGS, SLURRIES, SLUDGES, AND OTHER SOLIDS FROM ENTERING THE WATERS OF THE STATE OF ILLINOIS, A VIOLATION OF THE PERMIT AND OF SECTION 301 (A) OF THE ACT. THE VILLAGE OF ROSELLE OWNS A SLUDGE STORAGE BUILDING LOCATED AT THE BOTTERMAN POTW FACILITY. AN INSPECTION NOTED SLUDGE STORED AT THE SLUDGE STORAGE BUILDING EXTENDING MORE THAN SIX FEET OUTSIDE THE BUILDING ONTO A DRIVEWAY. DOWN SLOPE FROM THE SLUDGE STORAGE BUILDING IS A STORM DRAIN ( STORM DRAIN ). STORM WATER RUNNING-OFF THE SLUDGE STORED OUTSIDE THE BUILDING FLOWS INTO THE STORM DRAIN, WHICH FLOWS INTO THE WEST BRANCH OF THE DUPAGE RIVER. STORM WATER RUN-OFF FROM THE SLUDGE PILE CONTAINS COLLECTED SCREENINGS, SLURRIES, SLUDGES, AND OTHER SOLIDS, POLLUTANTS AS THAT TERM IS DEFINED BY THE ACT. ON MAY 9, 1995, THE IEPA ISSUED NPDES PERMIT NO.IL0048721 ( THPERMIT) TO ROSELLE. THE PERMIT BECAME EFFECTIVE ON NOVEMBER 1, 1996 AND HAS AN EXPIRATION DATE OF OCTOBER 31, 2001. THE PERMIT BECAME EFFECTIVE ON NOVEMBER 1, 1996 AND HAS AN EXPIRATION DATE OF OCTOBER 31, 2001. THE PERMIT AUTHORIZES THE DIS- CHARGE OF POLLUTANTS FROM THE POTW TO THE WEST BRANCH OF THE DUPAGE RIVER SUBJECT TO CERTAIN TERMS AND CONDITIONS. THE PERMIT CONTAINS STANDARD CONDITIONS, INCLUDING CONDITION 23 WHICH REQUIRES THAT COLLECTED SCREENINGS, SLURRIES, SLUDGES, AND OTHER SOLIDS BE DISPOSED OF IN SUCH A MANNER AS TO PRE- VENT ENTRY OF THOSE WASTES (OR RUNOFF FROM THOSE WASTES) INTO THE WATERS OF ILLINOIS. RESPONDENT HAS FAILED TO PRE- VENT RUNOFF FROM COLLECTED SCREENINGS, SLURRIES, SLUDGES, AND OTHER SOLIDS FROM ENTERING THE WATERS OF THE STATE OF ILLINOIS, A VIOLATION OF THE PERMIT AND OF SECTION 301(A) OF THE ACT.

Defendants (2)

• ROSELLE, VILLAGE OFNamed in complaintNamed in settlement
• ADMINISTRATIVE PENALTY ORDER

Facilities (1)

• ROSELLE, VILLAGE OF

  31 S PROSPECT ST, ROSELLE, IL, 60172

  Registry ID: 110010727491

Statutes cited

• CWA 405 — Sewage Sludge Disposal
• CWA 301A — Clean Water Act
• CWA 402 — Clean Water Act

Enforcement conclusions (1)

• ROSELLE, VILLAGE OFentered 1999-05-07

  Primary law: CWA

  Federal penalty: $1,000

Timeline (4 milestones)

• 1998-06-03Enforcement Action Data Entered
• 1998-09-28Complaint Filed/Proposed Order
• 1999-05-07Final Order Issued
• 1999-08-17Enforcement Action Closed