EPA v. GUYMON, CITY OF

Case summary

NATURE OF THE CASE THE CITY OF GUYMON OWNS AND OPERATES TWO WASTEWATER TREAT- MENT PLANTS, THE NORTH PLANT & THE NORTHEAST PLANT, WHICH ARE SUBJECT TO THE REQUIREMENTS OF THE CAA, SECTIONS 301 & 402. SIPCO DISCHARGES EFFLUENT INTO THE NORTHEAST PLANT. CAUSE OF ACTION A. THE NORTH PLANT -- THE NORTH PLANT IS A MINOR FACILITY THAT WAS ISSUED A NPDES PERMIT WHICH EXPIRED ON 9/30/79. THE CITY FAILED TO MAKE TIMELY REAPPLICATION FOR A NEW PERMIT SO THE FACILITY IS CURRENTLY DISHCARGING WITHOUT A PERMIT. THE CITY ALSO FAILED TO SUBMIT TIMELY DISCHARGE MONITORING RPTS AND NONCOMPLIANCE REPORTS TO EPA. B. THE NORTHEAST PLANT -- THE NORTHEAST PLANT IS A MAJOR FACILITY THAT WAS ISSUED AN NPDES PERMIT ON 7/31/81. THIS PERMIT, AS WELL AS A PREVIOUS PERMIT, CONTAIN FINAL EFFLUENT LIMITATIONS FROM DISCHARGES FROM THE NORTHEAST PLANT. AT THE SAME TIME THIS PERMIT WAS ISSUED, GUYMON RECEIVED AN AO PURSUANT TO SECTION 309(A)(5)(A) OF THE CAA. THIS ORDER ESTABLISHED INTERIM EFFLUENT LIMITATIONS. GUYMON HAS BEEN UNABLE TO COMPLY WITH EITHER THE INTERIM OR FINAL EFFLUENT LIMITATIONS. BECAUSE IT WAS APPARENT THAT THE NORTHEAST PLANT WOULD NOT BE ABLE TO MEET THE REQUIRED LIMITS, GUYMON, IN 1977, APPLIED FOR A STEP 1 GRANT TO CONSTRUCT ADDITIONAL TREATMENT FACILITIES. AS OF THE DATE OF REFERRAL, STEP 1 HAS YET TO BE FINALIZED. IN ADDITION, GUYMON HAS FAILED TO SUBMIT REQUIRED REPORTS, IN VIOLATION OF THE CONDITIONS OF THEIR PERMIT. FINALLY, THE SWIFT MEAT PACKING CO. HAS A PACKAGING PLANT IN GUYMON THAT DISCHARGES LARGE QUANTITIES OF UNTREATED WASTE INTO THE NORTHEAST PLANT. SWIF SIGNIFI- CANTLY CONTRIBUTES TO GUYMON'S EFFLUENT VIOLATIONS & SHOULD BE NAMED A PARTY TO THIS SUIT. JUSTIFICATION GUYMON HAS RECEIVED THREE ADMIN ORDERS FROM EPA NONE OF WHICH HAVE RESULTED IN THE CITY MOVING TOWARD COMPLIANCE WITH THEIR FINAL EFFLUENT LIMITATIONS. SWIFT CONTRIBUTES CLOSE TO 70% OF THE FLOW FROM THE GUYMON PLANT, YET THE CITY APPEARS TO BE UNWILLING OR UNABLE TO EFFECTIVELY DEAL WITH THE COMPANY.

Defendants (2)

• GUYMON, OK CITY OFNamed in complaintNamed in settlement
• OKLAHOMA, STATE OFNamed in complaintNamed in settlement

Facilities (1)

• GUYMON CITY OF

  3M NE OF TOWN OFF HWY 54, GUYMON, OK, 73942

  Registry ID: 110010699967

Statutes cited

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

Enforcement conclusions (1)

• GUYMON, CITY OFentered 1986-06-23

  Primary law: CWA

  Federal penalty: $15,000

Timeline (9 milestones)

• 1983-10-10Enforcement Action Data Entered
• 1983-12-30Referred To Headquarters
• 1984-02-01Referred To Dept Of Justice
• 1984-09-15Referred TO U.S. Attorney
• 1984-09-21Complaint Filed With Court
• 1986-06-23Concluded
• 1986-06-23Enforcement Action Closed
• 1986-06-23Final Order Entered
• 1986-06-23Final Order Lodged