EPA v. JEFFERSON PARISH

Case summary

NATURE OF THE CASE JEFFERSON PARISH IS LOCATED IN THE SOUTHEASTERN CORNER OF THE STATE OF LOUISIANA. THE PARISH OPERATES AND MAIN- TAINS 15 WASTEWATER TREATMENT FACILITIES LOCATED ALONG THE WEST BANK OF THE MISSISSIPPI RIVER KNOWN AS THE WEST BANK SEWAGE DISTRICT. ALL FIFTEEN FACILITIES ARE SUBJECT TO THE REQUIREMENTS OF SECTIONS 301 AND 402 OF THE CLEAN WATER ACT. THE PARISH IS A MAJOR CONTRIBUTING SOURCE OF FECAL CONTAMINATION IN THE BARATARIA BASIN, A NAVIGABLE WATER. THIS SUIT IS REQUESTED PURSUANT TO 309(B) OF THE CLEAN WATER ACT. CAUSE OF ACTION EPA ISSUED NPDES PERMITS TO MOST OF THE WEST BANK FACILITIES IN 1974. SINCE THAT TIME THE PARISH HAS BEEN RESPONSIBLE FOR PERSISTENT BYPASSES OF RAW SEWAGE AND EX- CESSIVE BOD, TSS AND FECAL COLIFORM PERMIT EFFLUENT VIOLA- TIONS. THESE PROBLEMS APPEAR TO BE CAUSED BY HYDRAULIC OVERFLOWS AND IMPROPER OPERATION AND MAINTENANCE. ALTHOUGH THESE FACILITIES WILL BE TREATED AS A WHOLE IN THIS REPORT FOR PURPOSES OF BREVITY AND CLARITY, EACH IS GOVERNED BY A SEPARATE NPDES PERMIT AND EACH HAS AN INDIVI- DUAL ENFORCEMENT HISTORY AND LIST OF PERMIT VIOLATIONS EX- TENDING OVER A SEVERAL YEAR PEORIOD. THE NINE NONCOMPLAINT FACILITIES, HEREINAFTER REFERRED TO BY NAME RATHER THAN PER- MIT NUMBER FOR PURPOSES OF CLARITY, ARE THE MARRERO SEWAGE TREATMENT PLANT (#LA0042048), THE MEADOWBROOK SEWAGE TREAT- MENT PLANT (#LA0042056), THE TERRYTOWN #2 SEWAGE TREATMENT PLANT (#LA0042072), THE AVONDALE SOUTH SEWAGE TREATMENT PLANT (#LA0042013), THE AVONDALE NORTH SEWAGE TREATMENT PLANT (#LA0042005), THE FLORAL HAZE SEWAGE TREATMENT PLANT (#LA0041971), THE FLORAL ACRES SEWAGE TREATMENT PLANT (#LA0042030), THE LIVE OAK SEWAGE TREATMENT PLANT (#LA0042021) AND THE TERRYTOWN #1 SEWAGE TREATMENT PLANT (#LA0041980). THE MARRERO, MEADOWBROOK, TERRYTOWN #2 AND AVONDALE SOUTH FACILITIES ARE ALL MAJOR FACILITIES SINCE THEY HAVE TREATMENT CAPACITY GREATER THAN 1 MGD. THE AVONDALE NORTH, FLORAL HAZE, FLORAL ACRES, LIVE OAK AND TERRYTOWN #1 FACIL- ITIES ARE ALL MINOR FACILITIES SINCE EACH HAS A DESIGNED TREATMENT CAPACITY LESS THAN 1 MGD. HOWEVER ALL WILL BE ADDRESSED IN THIS REFERRAL. MARRERO, MEADOWBROOK AND TERRYTOWN #2 ALL HAVE EFFEC- TIVE NPDES PERMITS WITH EFFLUENT LIMITS OF 30/30 MG/1 FOR BOD AND TSS, RESPECTIVELY. THE OTHER SIX FACILITIES WERE ISSUED NPDES PERMITS IN 1974, WHICH EXPIRED IN 1977, BUT HAVE BEEN ADMINISTRATIVELY EXTENDED SINCE THAT TIME. PRE- SENTLY THESE FACILITIES ARE REQUIRED TO MEET EFFLUENT LIMITS OF 30/40 MG/1 BOD AND TSS, RESPECTIVELY. NONE OF THESE FACILITIES IS PRESENTLY COMPLIANT WITH PERMITTED EFFLUENT LIMITS. THE MOST RECENT PERMITS ISSUED IN THE WEST BANK CONTAIN LIMITS REFLECTING SECONDARY TREATMENT. THE CANALS THAT CURRENTLY RECEIVE WEST BANK SEWAGE EFFLUENT WILL IN THE NEXT 2-3 YEARS BECOME WATER QUALITY LIMITED. IF THE PARISH SHOULD CONTINUE TO DISCHARGE INTO THE CANALS IT WOULD HAVE TO CONSTRUCT TERTIARY TREATMENT. HOWEVER, THE PARISH HAS INDICATED THAT IT INTENDS TO REROUTE SEWAGE VIA INSTALLATION OF TRANSMISSION LINES IN ORDER TO BYPASS THE CANALS ON THE WEST BANK AND DISCHARGE INTO THE MISSISSIPPI RIVER, THUS BEING ALLOWED TO MAINTAIN THE SECONDARY TREATMENT SYSTEMS. THEREFORE THE AGENCY SHOULD ENCOURAGE UPGRADING OR EXPANSION OF PRESENT FACILITIES TO MEET SECONDARY TREATMENT BY 1988 EVEN THOUGH CURRENT RECEIVING STREAMS ARE WATER QUALITY LIMITED. FOR THE PAST SEVEN YEARS THE PARISH HAS FAILED TO MEET PERMIT CONDITIONS AT EACH OF THESE

Defendants (2)

• JEFFERSON PARRISH, LA.Named in complaintNamed in settlement
• LOUISIANA, STATE OFNamed in complaintNamed in settlement

Facilities (9)

• JEFFERSON PARISH-AVONDALE SOUT

  DIALITA & PAT DR, AVONDALE, LA, 70094

  Registry ID: 110010772949

• JEFFERSON PARISH (TERRYTOWN ST

  TERRY PKWY & HARVARD AVENUE, TERRYTOWN, LA, 70056

  Registry ID: 110010772921

• MARRERO WASTEWATER TREATMENT PLANT

  6250 LAPALCO BLVD., MARRERO, LA, 70072

  Registry ID: 110000549620

• JEFFERSON PARISH-FLORAL ACRES

  AZALEA & GARDENIA, MARRERO, LA, 70072

  Registry ID: 110010772958

• JEFFERSON PARISH-FLORAL HAZE S

  5304 EVANS DR, MARRERO, LA, 70072

  Registry ID: 110010699958

• JEFFERSON PARISH (MEADOWBROOK

  WALL BLVD & LAPALCO, METAIRIE, LA, 70001

  Registry ID: 110010772930

• MARRERO WASTEWATER TREATMENT PLANT

  6250 LAPALCO BLVD., MARRERO, LA, 70072

  Registry ID: 110000549620

• JEFFERSON PARISH-AVONDALE NORT

  W TISH DR, AVONDALE, LA, 70094

  Registry ID: 110010699949

• JEFFERSON PARISH-LIVE OAK STP

  END OF HELOIS, WAGGAMAN, LA, 70094

  Registry ID: 110010772967

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit
• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• JEFFERSON PARISHentered 1985-10-23

  Primary law: CWA

  Federal penalty: $170,000

Timeline (8 milestones)

• 1983-11-02Referred To Headquarters
• 1983-12-01Referred To Dept Of Justice
• 1984-04-11Referred TO U.S. Attorney
• 1984-04-12Complaint Filed With Court
• 1985-10-23Concluded
• 1985-10-23Enforcement Action Closed
• 1985-10-23Final Order Lodged
• 1985-10-23Final Order Entered