EPA v. SWAN SEPTIC SERVICE

Case summary

IMPROPER LAND APPLICATION OF DOMESTIC SEPTAGE. ON MAY 8, 2001, U.S. EPA REGION 5 FILED AND ISSUED A COMPLAINT AND NOTICE OF OPPORTUNITY FOR HEARING FOR ALLEGED VIOLATIONS OF SECTION 405 (E) OF THE CWA. THE COMPLAINT ALLEGED THAT RESPONDENTS FAILED TO PREPARE AND MAINTAIN DOMESTIC SEPTAGE APPLICATION RECORDS, COMPLY WITH APPLI- CATION RATES, AND COMPLY WITH VECTOR ATTRACTION REDUCTION REQUITION REQUIREMENTS. U.S. EPA REGION 5 PROPOSED A PENALTY OF $137, 500 IN THE COMPLAINT. DURING THE COURSE OF ALTERNATIVE DISPUTE RESOLUTION (ADR), THE RESPONDENTS SUBMITTED FINANCIAL INFORMATION TO SUPPORT A CLAIM OF INABILITY TO PAY THE FULL AMOUNT OF THE PENALTY. AS A RESULT OF THE FINANCIAL ANALYSIS CONDUCTED BY A U.S. EPA ANALYST, LITIGATION RISK, AND COST OF CONDUCTING A HEARING IN MICHIGAN. U.S. EPA AND RESPONDENTS AGREED TO RESOLVE THE CASE THROUGH RESPONDENTS PAYING A CASH PENALTY OF $7,000. THE CAFO DOCUMENTS THIS SETTLEMENT AND REQUIRES RESPONDENT TO PAY THE $7,000 IN STALLMENTS WITH INTEREST 30, 360, AND 720 DAYS AFTER THE EFFECTIVE DATE OF THE CAFT. REGION 5 FILED THE CAFO WITH THE REGIONAL HEARING CLERK ON NOVERMBER 20, 2001, AND, BY ITS TERMS, THE CAFO IS EFFECTIVE ON DECEMBER 20, 2001.

Defendants (3)

• SWAN SEPTIC SERVICENamed in complaintNamed in settlement
• SWAN, THOMASNamed in settlement
• SWAN, DARLENENamed in settlement

Facilities (1)

• SWAN SEPTIC SVC

  5348 E CLINTON TRAIL, EATON RAPIDS, MI, 48827

  Registry ID: 110010594053

Statutes cited

• CWA 405 — Sewage Sludge Disposal

Enforcement conclusions (1)

• SWAM SEPTIC SERVICEentered 2001-11-20

  Primary law: CWA

  Federal penalty: $7,000

Timeline (4 milestones)

• 2000-11-01Enforcement Action Data Entered
• 2001-05-08Complaint Filed/Proposed Order
• 2001-11-20Final Order Issued
• 2004-01-30Enforcement Action Closed