EPA v. FAIRBORN, CITY OF

Case summary

THE SUBJECT FACILITY APPLIED ITS SLUDGE DURING THE 4 QUARTERS OF THE YEAR 1994 WITHOUT MEETING ANY OF THE VECTOR ATTRACTION REDUCTION ALTERNATIVES, AS REQUIRED IN 40 CFR, PART 503.33 (B). ON SEPTEMBER 10, 1998, U.S. EPA ISSUED A PRE-FILING NOTICE LETTER TO FAIRBORN INDICATING THAT WE WERE PREPARED TO FILE AN ADMINISTRATIVE COMPLAINT AGAINST FAIRBORN. THE LETTER NOTED THAT U.S. EPA INTENDED TO ALLEGE THAT FAIRBORN APPLIED TO AGRICULTURAL LAND SEWAGE SLUDGE THAT DID NOT MEET THE VECTOR ATTRACTION REDUCTION REQUIREMENTS OF THE CLEAN WATER ACT REGULATIONS. IN RESPONSE TO THIS LETTER AND ADDITIONAL U.S. EPA QUESTIONS, FAIRBORN PROVIDED A SIGNIFICANT AMOUNT OF INFORMATION TO THE AGENCY ON THE ISSUES OF WHETHER IT WAS REQUIRED TO COMPLY WITH THE REGULATIONS DURING THE RELEVANT TIME PERIOD, AND WHETHER IT DID IN FACT COMPLY WITH THE REGULATIONS. U.S. EPA WAS NOT CONVINCED THAT FAIRBORN HAD NOT VIOLATED THE REGULATIONS IN ISSUE, BUT THE FAIRBORN'S INFORMATION SHED LIGHT ON THE APPROPRIATE PENALTY AND A SETTLEMENT WAS ULTIMATELY REACHED BEFORE THE FILING OF THE COMPLAINT. A COMPLAINT AND A CACO HAVE BEEN FILED ON THE SAME DATE. THE PENALTY SOUGHT IN THE COMPLAINT WAS $4,500. ACCORDING TO THE TERMS OF THE CACA, FAIRBORN WILL PAY $4,500 IN PEN- ALTIES WITH 30 DAYS OF THE EFFECTIVE DATE OF CACO. A CCDS WILL BE SUBMITTED TO CARL ON 8/20/99.

Defendants (2)

• FAIRBORN, CITY OFNamed in complaintNamed in settlement
• FAIRBORN RECLAMATION CENTERNamed in complaintNamed in settlement

Facilities (1)

• FAIRBORN WTP 1

  44 W HEBBLE AVE, FAIRBORN, OH, 45324

  Registry ID: 110006319082

Statutes cited

• CWA 309G — Clean Water Act

Enforcement conclusions (1)

• FAIRBORN, CITY OFentered 1999-08-20

  Primary law: CWA

  Federal penalty: $4,500

Timeline (4 milestones)

• 1998-08-25Enforcement Action Data Entered
• 1999-08-20Complaint Filed/Proposed Order
• 1999-08-20Final Order Issued
• 1999-09-16Enforcement Action Closed