EPA v. MOORE, CITY OF

Case summary

NATURE OF CASE THE CITY OF MOORE (MOORE) OWNS AND OPERATES THE MOORE WASTEWATER TREATMENT PLANT WHICH IS SUBJECT TO THE REQUIRE- MENTS OF SECTIONS 301 AND 402 OF THE CLEAN WATER ACT. THIS SUIT IS REQUESTED PURSUANT TO SECTIONS 309(B) AND (E) OF THIS ACT. CAUSE OF ACTION ON JANUARY 14, 1981, MOORE WAS ISSUED A NATIONAL POL- LUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. THIS PERMIT, AS WELL AS A PREVIOUS PERMIT, CONTAIN FINAL EFFLUENT LIMITATIONS FOR DISCHARGES FROM MOORE'S WASTEWATER TREAT- MENT FACILITY. AT THE SAME TIME THE NPDES PERMIT WAS ISSUED, MOORE RECEIVED AN ADMINISTRATIVE ORDER PURSUANT TO SECTION 309(A)(5)(A) OF THE ACT. THIS ORDER ESTABLISHED INTERIM EFFLUENT LIMITATIONS. MOORE HAS BEEN UNABLE TO COM- PLY WITH BOTH THE INTERIM AND FINAL EFFLUENT LIMITATIONS. BECAUSE IT WAS APPARENT THAT THE MOORE WASTEWATER TREATMENT PLANT WOULD BE UNABLE TO MEET THE REQUIRED EFFLUENT LIMITA- TIONS, MOORE IN 1974, APPLIED FOR A STEP 1 GRANT TO CON- STRUCT ADDITIONAL TREATMENT FACILITIES. DESPITE AN AD- MINISTRATIVE ORDER REQUIRING MOORE TO MOVE AHEAD IN THE CONSTRUCTION GRANTS PROCESS, NEITHER STEP 1 NOR STEP 2 HAVE BEEN FINALIZED. OTHER ADMINISTRATIVE ORDER AND NPDES PER- MIT REQUIREMENTS DEALING WITH PRETREATMENT PLAN APPROVAL HAVE BEEN SIMILARLY IGNORED OR COMPLIED WITH SIGNIFICANTLY AFTER THE COMPLIANCE DATE.

Defendants (2)

• MOORE, OKLAHOMA, CITY OFNamed in complaintNamed in settlement
• OKLAHOMA, STATE OFNamed in complaintNamed in settlement

Facilities (1)

• MOORE CITY OF

  4000 S I-35, MOORE, OK, 73160

  Registry ID: 110020688656

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MOORE, CITY OFentered 1986-08-12

  Primary law: CWA

  Federal penalty: $52,500

Timeline (8 milestones)

• 1983-09-29Referred To Headquarters
• 1983-11-14Referred To Dept Of Justice
• 1984-02-17Referred TO U.S. Attorney
• 1984-03-02Complaint Filed With Court
• 1986-08-12Final Order Lodged
• 1986-08-12Final Order Entered
• 1986-08-12Concluded
• 1986-08-12Enforcement Action Closed