EPA v. FORT SMITH, CITY OF

Case summary

REGION VI HAS REQUESTED THAT A CIVIL ACTION BE BROUGHT AGAINST THE CITY OF FT. SMITH, AR., FOR VIOLA- TIONS OF S301(A) OF THE CLEAN WATER ACT, 33 U.S.C. S1311(A). CAUSE OF ACTION: THE CITY OF FORT SMITH OWNS & OPERATES 2 SEWAGE TRMT PLANTS, THE MASSARD PLANT & THE P ST. PLANT, WHICH TOGETHER SERVE A POP. OF ABOUT 200,000. THE MASSARD WASTEWATER PLANT WAS CONST. IN THE LATE 60'S W/O THE AID OF FED. FUNDS. THE P ST. PLANT WAS CONST. IN 1978 WITH FED. CONST. GRANT FUNDS. NEITHER PLANT HAS EVER COMPLIED WITH ITS NPDES PERMIT EFFLUENT LIMITS ON A CONSISTENT BASIS. BECAUSE THE MASSARD PLANT DISCHARGES DIRECTLY TO A SM. CREEK RATHER THAN TO THE AR. RIVER, ITS PERMIT CONTAINS VERY STRINGENT WATER QUALITY BASED LIMITS. REGION VI ISSUED AN ADMIN. ORDER (A.O.) IN AUG. 1981 PROVIDING INTERIM LIMITS WHICH THE PLANT SHOULD HAVE BEEN ABLE TO MEET, BUT THE CITY HAS CONSISTENTLY VIOLATED EVEN THESE. THE A.O. ALSO REQUIRED THE CITY TO APPLY FOR STEP 1 GRANT FUNDING, WHICH THE CITY FAILED TO DO, THUS LOSING POTENTIAL FED ASST. IT IS THE OPINION OF EPA ENGINEERS THAT CONTINUAL FAILURE TO MEET PERMIT LIMITS IS DUE AT LEAST IN PART TO POOR OPERATION & MAINTENANCE PROCEDURES. THE CITY HAS ALSO BEEN RELUCTANT TO ENFORCE ITS SEWER USE ORDINANCE, THUS PERMITTING SEVERAL IND. IN THE AREA TO DISCHARGE LRG. AMTS. OF WASTE WHICH CONTRIBUTE TO THE PERMIT VIOLATIONS AT THE MUNICIPAL TRMT. PLANTS. IT HAS FAILED TO SUBMIT A PRE-TRMT. USERS SURVEY WHICH WAS DUE FEB. 12, 1982, & FAILED TO PERFORM REQUIRED INFLUENT SAMPLING. IN ADDITION, THE CITY HAS BEEN BYPASSING ON SEVERAL OCCASIONS & HAS NOT BEEN DISPOSING OF SLUDGE IN AN APPROPRIATE MANNER. THE PROPOSED ENFORCEMENT ACTION IS A CIVIL SUIT FOR INJUNCTIVE RELIEF & CIVIL PENALTIES PURSUANT TO SECTION 309 OF THE CLEAN WATER ACT (CWA), 33 U.S.C. S1319. PROPOSED REMEDY: TO IDENTIFY THE PRECISE DIAGNOSTIC ANALYSIS OF EACH PLANT & THEN PREPARE A COM- POSITE CORRECTION PLAN. IT MAY BE NECESSARY FOR THE CITY O&M PROBLEMS AT EACH PLANT & THE BEST MEANS TO CORRECT THEM, THE CITY MUST BE ORDERED TO HIRE A QUALIFIED CONSULTING ENG. TO PERFORM A DIAGNOSTIC ANALYSIS OF EACH PLANT & THEN PREPARE A COMPOSITE CORRECTION PLAN. IT MAY BE NECESSARY FOR THE CITY TO CHANGE THE DISCHARGE POINT AT THE MASSARD PLANT FROM MASSARD CREEK TO THE AR. RIVER SO THAT THE PERMIT CAN BE MODIFIED TO CONTAIN REALISTIC LIMITS. THE CITY MUST ALSO COMPLETE ITS PRE-TRMT PROGRAM, INCLUDING SUBMISSION OF A USERS SURVEY & A COMMITMENT TO ENFORCE ITS PRE-TRMT ORDINANCE. BECAUSE OF THE MAGNITUDE & DURATION OF THE VIOLATIONS, REGION VI HAS PROPOSED A SUBSTANTIAL CIVIL PENALTY FOR PAST VIOLATIONS, WHICH MAY BE FORGIVEN IF THE CITY COMPLIES WITH THE CONSENT DECREE REQUIREMENTS. I AGREE WITH THIS APPROACH. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE: A QUICK, EFFECTIVE SOLUTION WILL DEMONSTRATE EPA'S COMMITMENT TO ASSURING THAT POTW'S COMPLETED WITH FED. GRANT MONEY COMPLY WITH THEIR PERMITS. THIS IS A HIGH PRIORITY WITH THE OFFICE OF WATER, DUE IN PART TO A RECENT GAO REPORT CRITICAL OF THE TRMT LEVELS ACHIEVED BY FED. FUNDED POTW'S. BECAUSE THE CITY HAS RECENTLY ADOPTED A MUCH MORE COOPERATIVE ATTITUDE TOWARD NEGOTIATING A CONSENT DECREE, IT IS REASONABLE TO HOPE THIS CASE CAN BE SETTLED W/O GREAT CONTROVERSY.

Defendants (1)

• FORT SMITH, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• FORT SMITH CITY OF (MASSARD WWTP)

  1500 N 9TH ST, BARLING, AR, 72923

  Registry ID: 110064124157

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• FORT SMITH, CITY OFentered 1983-06-17

  Primary law: CWA

  Federal penalty: $100,000

Timeline (8 milestones)

• 1982-04-02Referred To Headquarters
• 1982-07-08Referred To Dept Of Justice
• 1983-04-26Referred TO U.S. Attorney
• 1983-04-27Complaint Filed With Court
• 1983-06-17Final Order Lodged
• 1983-06-17Concluded
• 1983-06-17Enforcement Action Closed
• 1983-06-17Final Order Entered