EPA v. HAMILTON COUNTY

Case summary

I. SYNOPSIS OF THE CASE. HAMILTON COUNTY, OHIO, OWNS SIX MUNICIPAL WASTEWATER TREATMENT PLANTS ( WWTPS ) AND THE SEWER SYSTEM WHICH FEEDS INTO THESE TREATMENT PLANTS. THE CITY OF CINCINNATI, OHIO, MANAGES AND OPERATES THOSE WWTPS AND THE SEWER SYSTEM. (HEREINAFTER, HAMILTON COUNTY AND THE CITY OF CINCINNATI SHALL BE REFERRED TO COLLECTIVELY AS THE DEFENDANTS. ) FOR A NUMBER OF YEARS, THE DEFENDANTS HAVE VIOLATED THE CLEAN WATER ACT IN SEVERAL SIGNIFICANT RESPECTS. THESE VIOLATIONS WILL CONTINUE UNLESS THE DEFENDANTS SPEND HUNDREDS OF MILLIONS OF DOLLARS (AND PROBABLY OVER ONE BILLION DOLLARS) TO IMPROVE THEIR WWTPS AND COLLECTION SYSTEM. SPECIFICALLY, THE DEFENDANTS' VIOLATIONS CONSIST OF THE FOLLOWING: MILL CREEK WWTP EFFLUENT VIOLATIONS: THE DEFENDANTS HAVE VIOLATED EFFLUENT LIMITS IN THE NPDES PERMIT APPLICABLE TO DISCHARGES FROM THE MILL CREEK WWTP. BYPASS VIOLATIONS: THE DEFENDANTS HAVE VIOLATED THE BY- PASS CONDITIONS IN THE NPDES PERMITS APPLICABLE TO THE MILL CREEK WWTP BY BYPASSING FLOWS AROUND THE SECONDARY TREATMENT PORTION OF THE MILL CREEK WWTP WHEN INSTANTANEOUS FLOW RATES THROUGH THE SECONDARY CLARIFIERS WERE LESS THAN 130 MILLION GALLONS PER DAY ( MGD ). MONITORING AND REPORTING VIOLATIONS: THE DEFENDANTS HAVE VIOLATED THE MONITORING AND REPORTING REQUIREMENTS IN THE NPDES PERMITS APPLICABLE TO THE MILL CREEK WWTP BY FAILING TO ACCURATELY MONITOR EFFLUENT FLOWS, RESIDUAL CHLORINE AND FECAL COLIFORM BEING DISCHARGED FROM THE MILL CREED WWTP. CSO VIOLATIONS: THE DEFENDANTS HAVE VIOLATED REQUIREMENTS IN THE NPDES PERMIT APPLICABLE TO THE DEFENDANTS' COMBINED SEWER OVERFLOWS ( CSO ) BY DISCHARGING EFFLUENT FROM SEVERAL CSO POINTS WITHIN THE DEFENDANTS' SEWER SYSTEM (A) DURING DRY WEATHER; AND (B) WHICH CONTAINS POLLUTANTS AT LEVELS IN EXCESS OF GENERAL EFFLUENT LIMITATIONS. CSO MONITORING AND REPORTING VIOLATIONS: THE DEFENDANTS HAVE VIOLATED REQUIREMENTS IN THE NPDES PERMIT APPLICABLE TO THE DEFENDANT'S CSOS BY FAILING TO ADEQUATELY MONITOR AND REPORT THE RESULTS OF THEIR MONITORING OF CSO DISCARGES. SSO VIOLATIONS: THE DEFENDANTS HAVE VIOLATED THE CLEAN WATER ACT BY DISCHARGING POLLUTANTS FROM SEVERAL SANITARY SEWER OVERFLOW ( SSO ) POINTS WITHIN THE DEFENDANTS' SEWER SYSTEM WITHOUT A PERMIT AUTHORIZING SUCH DISCHARGES. PRETREATMENT VIOLATIONS: THE DEFENDANTS HAVE VIOLATED THE REQUIREMENT OF THEIR NPDES PERMITS APPLICABLE TO MILL CREEK WWTP BY FAILING TO IMPLEMENT AND ENFORCE THEIR APPROVED PRE- TREATMENT PROGRAM. THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( U.S. EPA ), REGION 5, BY THIS ACTION, SEEKS INJUNCTIVE RELIEF TO REMEDY THESE VIOLATIONS. REGION 5 SEEKS STIPULATED PENALTIE S PURSUANT TO A 1985 JUDICIAL CONSENT ORDER FOR THE MILL CREEK EFFLUENT LIMIT VIOLATIONS; AND CIVIL PENALTIES PURSUANT TO SECTION 309 OF THE CLEAN WATER ACT FOR ALL OTHER VIOLATIONS. 2/13/02: A PARTIAL CONSENT DECREE ADDRESSES SSOS WILL BE ENTERED ON 2/15/02. WE ARE THEN GOING TO COMMENCE NEGOTIATIONS REGARDING CSOS, & WWTP VIOLATIONS AND CIVIL PENALTIES. Hamilton County and City of Cincinnati have been bypassing the secondary treatment portion of Sycamore WWTP an average of 40 times per year over the past four years in violation of its NPDES permit and the CWA. On Sept. 17, 2003, USEPA sent the litigation report documenting violations of the CWA at their Mill Creek Plant, and on August 14, 1998, the USEPA sent litigation report documenting violations of the CWA at their Muddy Creek plant. This is a letter referral. This referral supplements the previous referrals pertaining to the same defendants

Defendants (3)

• HAMILTON COUNTY (MUDDY CREEK)Named in complaintNamed in settlement
• CITY OF CINCINNATI, OHNamed in complaintNamed in settlement
• STATE OF OHIONamed in complaintNamed in settlement

Facilities (5)

• MUDDY CREEK WASTEWATER TREATMENT PLANT

  6125 RIVER ROAD, CINCINNATI, OH, 45233

  Registry ID: 110000555177

• CINCINNATI GALBRAITH ROAD MSD SITE

  225 W GALBRAITH RD, CINCINNATI, OH, 45215

  Registry ID: 110009661302

• LITTLE MIAMI WASTEWATER TREATMENT PLANT

  225 WILMER AVENUE, CINCINNATI, OH, 45226

  Registry ID: 110009605917

• MILL CREEK WWTP

  1600 GEST ST, CINCINNATI, OH, 45204

  Registry ID: 110010530568

• HAMILTON COUNTY (MUDDY CREEK)

  1600 GEST ST, CINCINNATI, OH, 45204

  Registry ID: 110018918313

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (3)

• HAMILTON COUNTYentered 2004-06-09

  Primary law: CWA

  Federal penalty: $600,000 · State/local: $600,000 · SEP: $5,300,000

• HAMILTON COUNTYentered 2025-05-29

  Primary law: CWA

• HAMILTON COUNTYentered 2010-08-10

  Primary law: CWA

Timeline (6 milestones)

• 1998-08-14Referred To Dept Of Justice
• 1998-10-23Enforcement Action Data Entered
• 2002-02-15Complaint Filed With Court
• 2003-09-26Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2023-10-25Final Order Lodged
• 2025-05-29Final Order Entered