EPA v. FORT WAYNE, CITY OF AND STATE OF INDIANA

Case summary

REFERRAL FOR PENALTIES AND INJUNCTIVE RELIEF WITH RESPECT TO VIOLATIONS OF THE CITY'S NPDES PERMIT CONDITIONS AND SECTION 301 AND 402 OF THE CLEAN WATER ACT. SPECIFICALLY, THE CITY IS ALLEGED TO HAVE ALLOWED DISCHARGES IN EXCESS OF EFFLUENT LIMITS, FAILED TO MONITOR THE FLOW OF THE RECEIVING STREAM AND THE LOAD LIMIT, BYPASSED THE PLANT WITHOUT MAXIMIZING FLOW TO THE WWTP, AND FAILED TO REPORT THE DURATION OF OVER- FLOWS. EPA SEEKS INJUNCTIVE RELIEF AND PENALTIES.

Defendants (2)

• CITY OF FORT WAYNENamed in complaintNamed in settlement
• STATE OF INDIANANamed in settlement

Facilities (2)

• FORT WAYNE WWTP

  P.L. BRUNNER WPC, FORT WAYNE, IN, 46803

  Registry ID: 110009390756

• FORT WAYNE WWTP

  P.L. BRUNNER WPC, FORT WAYNE, IN, 46803

  Registry ID: 110009390756

Statutes cited

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

Enforcement conclusions (3)

• FORT WAYNE, CITY OF AND STATE OF INDIANAentered 2008-04-01

  Primary law: CWA

  Federal penalty: $269,190 · State/local: $269,190 · SEP: $400,000

• FORT WAYNE, CITY OF AND STATE OF INDIANAentered 2019-05-23

  Primary law: CWA

• FORT WAYNE, CITY OF AND STATE OF INDIANAentered 2015-01-26

  Primary law: CWA

Timeline (6 milestones)

• 2001-09-27Referred To Dept Of Justice
• 2001-10-03Enforcement Action Data Entered
• 2008-04-01Complaint Filed With Court
• 2017-07-20Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2018-10-10Final Order Lodged
• 2019-05-23Final Order Entered