EPA v. WEST MEMPHIS, CITY OF UTILITY COMMISSION

Case summary

DESCRIPTION OF THE FACILITY: THE MAIN SEWAGE TREATMENT PLANT (STP) IS A 4.5 MGD FA- CILITY THAT PROVIDES PRIMARY TREATMENT PRIOR TO DISCHARGING TO THE MISSISSIPPI RIVER. SPECIFICALLY, THE FACILITY CON- SISTS OF HEADWORKS AND CLARIFIERS. SLUDGE IS TREATED BY WET AIR OXIDATION (ZIMPRO PROCESS) PRIOR TO APPLICATION TO SLUDGE DRYING BEDS. BASIS OF ALLEGED VIOLATION: FACTUAL BASIS: THE WEST MEMPHIS UTILITY COMMISSION RECEIVED A STEP 1 GRANT AWARD TO DEVELOP A FACILITIES PLAN IN JUNE OF 1975. DURING THE NEXT FOUR YEARS THE COMMISSION ONLY COMPLETED AN INFLOW AND INFILTRATION ANALYSIS AND A SEWER SYSTEM EVALUA- TION SURVEY. THEY DID NOT BEGIN DEVELOPING FACILITIES PLAN- NING DOCUMENTATION UNTIL EPA ISSUED AN ADMINISTRATIVE ORDER (DOCKET NO. VI-79-100) ON DECEMBER 17, 1979. THE ORDER RE- QUIRED THE COMMISSION TO SUBMIT ADEQUATE FACILITIES PLANNING DOCUMENTS TO THE ARKANSAS DEPT. OF POLLUTION CONTROL AND ECOLOGY (ADPCE) BY MAY 31, 1980. THE COMMISSION SUBMITTED DOCUMENTS TO THE ADPCE ON MAY 30, 1980; HOWEVER THE DOCU- MENTS SUBMITTED WERE DEFICIENT IN A VARIETY OF WAYS. EPA EXTENDED THE SUBMITTAL DEADLINE UNTIL AUGUST 31, 1981, THROUGH AN ADMINISTRATIVE ORDER (DOCKET NO. VI-81-741) IS- SUED MARCH 30, 1981. THE COMMISSION WAS STILL UNABLE TO SUBMIT ACCEPTABLE FACILITIES PLANNING DOCUMENTS IN A TIMELY MANNER. THE DOCUMENTS WERE NOT RESUBMITTED UNTIL MAY '82 AND AN ACCEPTABLE REASON FOR DELAY WAS NOT PROVIDED. THE FACILI- TIES PLANNING DOCUMENTS HAVE YET TO BE APPROVED. LEGAL BASIS: 1. APPLICABLE FEDERAL AND STATE LAW, SECTION 301(B)(1) (B) OF THE ACT, (33 U.S.C. SECT.1311(B)(1)(B)), REQUIRES THAT PUBLICLY OWNED TREATMENT WORKS MUST, BY JULY 1, 1977, ACHIEVE EFFLUENT LIMITATIONS BASED ON SECONDARY TREATMENT. EXCEPT IN ACCORDANCE WITH THIS PROVISION AND OTHERS OF THE ACT, THE DISCHARGE OF ANY POLLUTANT BY ANY PERSON, WHICH SECT.502(5) OF THE ACT, (33 U.S.C. 1326(5)), DEFINES AS IN- CLUDING A MUNICIPALITY, IS UNLAWFUL. SECTION 402 OF THE ACT (33 U.S.C. 1342), PROVIDES THAT THE ADMINISTRATOR MAY ISSUE PERMITS FOR THE DISCHARGE OF ANY POLLUTANT UPON CONDITION THAT THE DISCHARGE WILL MEET ALL APPLICABLE REQUIREMENTS OF THE ACT. SECTION 309 OF THE ACT, (33 U.S.C. 1319), PROVIDES THAT THE ADMINISTRATOR MAY ENFORCE A VIOLATION OF A CONDI- TION OR LIMITATION OF A PERMIT BY REQUESTING A CIVIL ACTION. SECTION 309 GOES ON TO STATE THAT WHENEVER A MUNICIPALITY IS A PARTY TO A CIVIL ACTION BROUGHT BY THE U.S., THE STATE IN WHICH THE MUNICIPALITY IS LOCATED SHALL BE JOINED AS A PARTY.

Defendants (3)

• ARKANSAS, STATE OFNamed in complaintNamed in settlement
• WEST MEMPHIS UTILITY COMMISSIONNamed in complaintNamed in settlement
• WEST MEMPHIS, ARK. CITY OFNamed in complaintNamed in settlement

Facilities (1)

• W MEMPHIS CITY OF

  2M FROM 58TH & BROADWAY, WEST MEMPHIS, AR, 72301

  Registry ID: 110010772903

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• WEST MEMPHIS, CITY OFentered 1985-08-05

  Primary law: CWA

  Federal penalty: $30,000

Timeline (11 milestones)

• 1982-12-17Enforcement Action Data Entered
• 1983-01-14Referred To Headquarters
• 1983-02-02Returned To Region
• 1983-08-05Rereferred
• 1983-10-03Referred To Dept Of Justice
• 1984-09-06Referred TO U.S. Attorney
• 1984-09-25Complaint Filed With Court
• 1985-08-05Final Order Lodged
• 1985-08-05Final Order Entered
• 1985-08-05Concluded
• 1985-08-05Enforcement Action Closed