EPA v. City of Cleveland Heights

Case summary

Based on the inspection, information provided by the City during the inspection, and information provided in response to a November 30, 2006 follow-up letter from U.S.EPA, the City has experienced SSOs in the past but has no specific record of such events. The U.S. Department of Justice and U.S. Environmental Protection Agency today proposed a partial settlement with the city of Cleveland Heights, Ohio, to resolve alleged Clean Water Act violations involving sewer overflows into Doan Brook and Dugway Brook, which flow to Lake Erie. The State of Ohio joins in the settlement lodged today in U.S. District Court for the Northern District of Ohio. ?Keeping raw sewage out of U.S. waters and communities is a priority for EPA because overflows can present a significant threat to human health and the environment,? said EPA Region 5 Water Division Director Chris Korleski. ?Today?s settlement will protect water quality and prevent the spread of disease-causing bacteria and viruses.? The settlement requires Cleveland Heights to take immediate steps to upgrade its sewer system. The city has already begun to address locations where overflows are frequent. Other required steps include cleaning, inspections, enhanced monitoring and computer modeling as part of a comprehensive study to assess the sewer system?s overall capacity. The city estimates this work will cost about $12 million. By June 2021, the city must submit a master plan to eliminate sewer overflows to EPA for approval. At that time, EPA and Cleveland Heights expect to reach a second settlement to implement the master plan. The United States filed a simultaneous complaint today in federal court against the city and the State of Ohio. A Clean Water Act provision requires naming the state as a plaintiff or a defendant in such actions.

Defendants (1)

• City of Cleveland HeightsNamed in complaintNamed in settlement

Facilities (1)

• CLEVELAND HEIGHTS CITY HALL

  40 SEVERANCE CIRCLE, CLEVELAND HEIGHTS, OH, 44118

  Registry ID: 110006338855

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• City of Cleveland Heightsentered 2017-09-08

  Primary law: CWA

Timeline (5 milestones)

• 2011-09-30Referred To Dept Of Justice
• 2011-10-06Enforcement Action Data Entered
• 2017-07-19Complaint Filed With Court
• 2017-09-08Final Order Entered
• 2017-09-08Final Order Lodged