EPA v. City of Portland, Michigan

Case summary

On March 10, 2004 at 1:45 p.m., the City of Portland Waste Water Treatment Plant (WWTP) in Portland, Michigan experienced a catastrophic failure in a tank containing ferrous chloride. The entire contents of the tank, 5700 gallons, were released through a hole measuring six feet by four feet. Five thousand gallons went into a containment area, and the remaining 700 gallons were released to the asphalt and soil. This release is equivalent to approximately 3023 pounds of ferrous chloride. The reportable quantity (RQ) for ferrous chloride is 100 pounds. This release was 30 times the RQ. The City of Portland, Michigan WWTP did not notify the National Response Center of this release until March 16, 2004 at 3:30 p.m. The penalty is calculated for one count failure to immediately notify the NRC, and per day penalties have been included. With a 25 % reduction for cooperation, and a 10% reduction for quick settlement, the resulting total penalty is $14,437.

Defendants (1)

• City of Portland, MichiganNamed in complaintNamed in settlement

Facilities (1)

• CITY OF PORTLAND WWTP

  600 MORSE DRIVE, PORTLAND, MI, 48875

  Registry ID: 110006649831

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• City of Portland, Michiganentered 2005-03-16

  Primary law: CERCLA

  Federal penalty: $14,437

Timeline (3 milestones)

• 2005-03-16Complaint Filed/Proposed Order
• 2005-03-16Final Order Issued
• 2005-04-18Enforcement Action Data Entered