EPA v. BLYTHEVILLE, CITY OF

Case summary

NATURE OF THE CASE: THE CITY OF BLYTHEVILLE IS LOCATED IN MISSISSIPPI COUNTY, AR. AND OPERATES THE CITY'S THREE WASTEWATER FACILITIES. DESPITE SEVERAL ADMINISTRATIVE ENFORCEMENT ACTIONS DURING THE PAST SEVERAL YEARS, THE CITY HAS FAILED TO SUBMIT AN APPROVABLE PRETREATMENT PRO- GRAM TO EPA PURSUANT TO THE CONDITIONS CONTAINED IN TWO OF THE CITY'S NPDES PERMITS (AR0022578 AND AR0022560). DIS- CHARGES REGULATED BY AR0022578 AND AR0022586 ARE THE ONLY ONES WITH INDUSTRIAL INFLUENT, BUT THE PRETREATMENT PROG- RAM WILL APPLY CITY WIDE. THERE ARE OTHER PERMIT VIOLA- TIONS INCLUDED. THIS SUIT IS REQUESTED PURSUANT TO SECT- ION 309 OF THE CLEAN WATER ACT. CAUSE OF ACTION: THE CITY TREATS THE WASTEWATER OF MORE THAN TEN DIFFERENT INDUSTRIES EACH DAY. THE EXACT NUMBER OF INDUSTRIES IS UNKNOWN SINCE THE CITY'S INDUSTRIAL SUR- VEY, PART OF THE PRETREATMENT REGULATION REQUIREMENTS, HAS BEEN INCOMPLETE. INFLUENT DATA FOR THE CITY, AS REVIEWED DURING THE MOST RECENT COMPLIANCE SAMPLING INSPECTION, IN- DICATES THAT INDUSTRY CONTRIBUTES A SIGNIFICANT AMOUNT OF THE ORGANIC LOAD AND OF THE TOTAL INFLUENT SOLIDS. AN APPROVABLE PRETREATMENT PROGRAM WOULD ADEQUATELY ADDRESS INDUSTRIAL INFLUENT PROBLEMS. THE CITY HAS ALSO EXPERIEN- CED PERMIT VIOLATIONS AND QUALITY CONTROL VIOLATIONS. JUSTIFICATION: THE REGIONAL OFFICE HAS ATTEMPTED ON SEVERAL OCCASIONS THROUGH VARIOUS ADMINISTRATIVE ACTIONS, INCLUD- ING ADMINISTRATIVE ORDERS AND A SHOW-CAUSE ORDER TO HAVE THE CITY DEVELOP AND IMPLEMENT A PRETREATMENT PROGRAM PUR- SUANT TO SECTION 402(B)8 OF THE ACT. DESPITE THE CITY'S ASSURANCES IN THE PAST THAT IT WOULD ACHIEVE COMPLIANCE WITH THE ACT, THE VIOLATIONS PERSIST. DUE TO THE NUMBER OF INDUSTRIES IN THE AREA AND THE PERSISTENT VIOLATIONS, IT IS NECESSARY FOR THE CITY TO DEVELOP AND IMPLEMENT A PRETREATMENT PRO- GRAM AS REQUIRED BY ITS NPDES PERMIT AND THE ACT, AND TO TAKE STEPS TO GET INTO COMPLIANCE WITH THE REMAINDER OF ITS PERMITS, INCLUDING VIOLATIONS OF EFFLUENT LIMITATIONS. RECOMMENDATION: SETTLEMENT IN THE FORM OF A CONSENT DECREE IS LIKELY IN THIS CASE SINCE THE CITY APPEARS AT THIS LATE DATE TO BE TAKING STEPS TO CORRECT ITS QUALITY CONTROL PROBLEMS AND, BECAUSE OF SEVERAL ADMINISTRATIVE ORDERS, APPEARS TO HAVE EMBARKED ON ESTABLISHING AN ACCEPTABLE MUNICIPAL COMPLIANCE PLAN.

Defendants (2)

• ARKANSAS, STATE OFNamed in complaintNamed in settlement
• BLYTHEVILLE, CITY OFNamed in complaintNamed in settlement

Facilities (3)

• WEST OXIDATION PONDS

  SW 1/4 38 15N 11E, BLYTHEVILLE, AR, 72315

  Registry ID: 110010743062

• BLYTHEVILLE CITY OF (FACILITY

  HWY 61 S (AKA MISSISSIPPI AVE), BLYTHEVILLE, AR, 72315

  Registry ID: 110010699878

• NORTH OXIDATION PONDS

  S 2 15 N 11E, BLYTHEVILLE, AR, 72315

  Registry ID: 110010743053

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 309 — Violation of Existing AO
• CWA 402 — Clean Water Act

Enforcement conclusions (1)

• BLYTHEVILLE, CITY OFentered 1988-05-17

  Primary law: CWA

  Federal penalty: $37,500

Timeline (9 milestones)

• 1985-02-18Enforcement Action Data Entered
• 1985-02-22Referred To Headquarters
• 1985-03-23Referred To Dept Of Justice
• 1985-04-11Referred TO U.S. Attorney
• 1985-04-18Complaint Filed With Court
• 1988-05-17Final Order Lodged
• 1988-05-17Final Order Entered
• 1988-05-17Concluded
• 1994-11-04Enforcement Action Closed