EPA v. DERIDDER, CITY OF

Case summary

NATURE OF THE CASE: THE CITY OF DERIDDER IS LOCATED IN BEAUREGARD PARISH, LA. AND OPERATES THE CITY'S WASTEWATER TREATMENT FACILITY. THE CITY WAS REQUIRED TO SUBMIT AN APPROVABLE PRETREATMENT PROGRAM IN 1982 IN ACCORDANCE WITH THE CONDITIONS CONTAINED IN ITS NPDES PERMIT. TO DATE THE CITY HAS FAILED TO SUBMIT AN APPROVABLE PRETREATMENT PROGRAM AND HAS FAILED TO JUSTIFY THE THREE YEAR DELAY FOR A PROGRAM WHICH SHOULD TAKE ONLY SIX MONTHS TO DEVELOP. THIS SUIT IS REQUESTED PURSUANT TO SECTION 309 OF THE CLEAN WATER ACT. CAUSE OF ACTION: THE CITY'S WASTEWATER TREATMENT FACILITY HAS EXPERIENCED SEVERAL OPERATIONAL AND MAINTENANCE PROB- LEMS. THE CITY TREATS THE WASTEWATER OF SEVERAL DIFFERENT INDUSTRIES EACH DAY. THE EXACT NUMBER OF INDUSTRIES IS UNKNOWN SINCE THE CITY'S INDUSTRIAL SURVEY SUBMITTAL, PART OF THE PRETREATMENT REGULATION REQUIREMENTS, WAS INCOMP- LETE AND CONTAINED CONFLICTING INFORMATION. THE CITY HAS ALSO EXPERIENCED PERMIT EFFLUENT VIOLATIONS WHICH MAY AT LEAST IN PART BE ATTRIBUTABLE TO INDUSTRIAL INFLUENT. A PRETREATMENT PROGRAM COULD ADEQUATELY ASCERTAIN WHE- THER A PROBLEM EXISTS AND ACCURATELY IDENTIFY THE MAJOR CAUSE(S). ALSO, A PRETREATMENT PROGRAM WOULD ADEQUATELY ADDRESS ANY OTHER INDUSTRIAL INFLUENT PROBLEMS. ADDITION- ALLY, A RECENT INSPECTION NOTED BYPASS PROBLEMS AT THE FACILITY, INCOMPLETE NONCOMPLIANCE REPORTS AND INADEQUATE MONITORING AND REPORTING INSTRUMENTS, ALL IN VIOLATION OF NPDES PERMIT REQUIREMENTS AND THE CLEAN WATER ACT. JUSTIFICATION: THE REGIONAL OFFICE ISSUED AN ADMINISTRATIVE ORDER IN 1984 REQUIRING THE CITY TO DEVELOP AND IMPLEMENT A PRETREATMENT PROGRAM PURSUANT TO SECTION 402(B)(8) OF THE ACT. THE CITY FAILED TO RESPOND TO THE 1984ORDER. THE REGION BELIEVES THAT IT IS IMPERATIVE THAT THE CITY BE MADE TO DEVELOP AND IMPLEMENT A PRETREATMENT PROGRAM AS REQUIRED BY ITS NPDES PERMIT AND THE ACT. RECOMMENDATION: SETTLEMENT IN THE FORM OF A CONSENT DECREE IS RECOMMENDED IN THIS MATTER.SPECIFICALLY, THE REGION RECOMMENDS THAT (1) A CIVIL PENALTY OF $15,000 BE ASSESSED FOR PAST VIOLATIONS; (2) THE CITY BE REQUIRED TO MEET PER- MIT EFFLUENT LIMITS; (3) SUBMIT ALL NONCOMPLIANCE REPORTS (4) CEASEALL BYPASSES; (5) COMPLY WITH FEDERAL PRETREATMENT REGULATIONS (6) STIPULATED PENALTIES SHOULD BE ATTACHED TO THE SUBMITTAL DATES FOR EACH DOCUMENT AND/OR SURVEY REQUIRED UNDER THE PRETREATMENT PROGRAM; AND (7) THE CITY BE ENJOINED FROM TYING IN NEW INDUSTRIAL DEVELOPMENT TO THE POTW UNTIL ITS PRETREATMENT PROGRAM HAS BEEN APPRO- VED AND PROPERLY IMPLEMENTED.

Defendants (2)

• DERIDDER, CITY OFNamed in complaintNamed in settlement
• LOUISIANA, STATE OFNamed in complaintNamed in settlement

Facilities (1)

• DERIDDER CITY OF

  N END OF CARTER ST, DERIDDER, LA, 70634

  Registry ID: 110008382008

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 309A1 — Clean Water Act

Enforcement conclusions (1)

• DERIDDER, CITY OFentered 1986-09-05

  Primary law: CWA

  Federal penalty: $20,000

Timeline (9 milestones)

• 1985-02-15Enforcement Action Data Entered
• 1985-02-15Referred To Headquarters
• 1985-03-14Referred To Dept Of Justice
• 1985-04-11Referred TO U.S. Attorney
• 1985-04-18Complaint Filed With Court
• 1986-09-05Concluded
• 1986-09-05Enforcement Action Closed
• 1986-09-05Final Order Lodged
• 1986-09-05Final Order Entered