EPA v. DURANT, CITY OF

Case summary

************************************************************ SUMMARY OF VIOLATIONS: EPA REGION VI AWARDED A STEP 2+3 GRANT, EVENTUALLY TOTALING OVER 5.3 MILLION DOLLARS, TO THE CITY OF DURANT IN SEPT 1982 TO FUND CONSTRUCTION OF A PRIMARY TREATMENT PLANT AND LAND APPLICATION SYSTEM. THE CITY INITIATED OPERATION OF THIS SYSTEM ON JULY 24, 1985, BUT WASTEWATER APPLICATION RATES SOON EXCEEDED THE SOILS ABILITY TO ACCEPT WATER. UNPERMIT- TED DISCHARGES OF LAND APPLIED WASTEWATER BEGAN IN SEPT 1985, AND CONTINUE AT RATES OFTEN EXCEEDING 500,000 GALLONS PER DAY. * ALTHOUGH THE LAND APPLICATION SYSTEM'S INABILITY TO ACHIEVE 'NO DISCHARGE' ORIGINATES IN PART FROM DESIGN PROBLEMS, THE CITY'S FAILURE TO PROPERLY OPERATE AND MAINTAIN THE SYSTEM HAS OFTEN CONSTITUTED BLATANT NEGLECT, AND HAS FUR- THER COMPOUNDED THE RUNOFF PROBLEM. * WE HAVE RECEIVED NUMERIOUS COMPLAINTS FROM THE CITIZENS OF DURANT AND DOWNSTREAM LANDOWNERS ABOUT ODORS, INCREASED ALGAE GROWTH IN CANEY CREEK, AND POSSIBLE THREATS THAT THESE DISCHARGES MAY POSE TO THEIR DAIRY OPERATIONS AND THE PUB- LIC HEALTH IN GENERAL. IT APPEARS THAT A TIMELY SOLUTION TO THIS PROBLEM CAN ONLY BE ACHIEVED THROUGH LEGAL ACTION.

Defendants (2)

• FANKTED METALS, INC.Named in complaintNamed in settlement
• DURANT, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• DURANT CITY OF

  201 N THIRD ST, DURANT, OK, 74701

  Registry ID: 110014009269

Statutes cited

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

Enforcement conclusions (1)

• DURANT, CITY OFentered 1989-08-24

  Primary law: CWA

  Federal penalty: $33,000

Timeline (11 milestones)

• 1986-07-15Enforcement Action Data Entered
• 1986-09-29Referred To Headquarters
• 1986-11-05Referred To Dept Of Justice
• 1987-08-20Returned To Region
• 1987-11-20Rereferred
• 1989-05-12Referred TO U.S. Attorney
• 1989-06-30Complaint Filed With Court
• 1989-08-24Final Order Lodged
• 1989-08-24Final Order Entered
• 1989-08-24Concluded
• 1989-08-24Enforcement Action Closed