EPA v. DENISON, CITY OF

Case summary

DATA SHEET: * VIOLATIONS: THE CITY OF DENISON HAS A HISTORY OF NONCOMPLIANCE WITH THE NPDES PERMITS ISSUED TO PAW PAW CREEK AND DUCK CREEK FACILI- TIES. IN ADDITION, THE CITY HAS MISSED THE FIRST MILESTONE DATE IN ITS MOST RECENT AO AND HAS INFORMED EPA THAT IT WILL MISS THE SECOND MILESTONE DATE. * THE PROPOSED RELIEF TO BE SOUGHT: EPA RECOMMENDS A CONSENT DECREE INCORPORATING THE CITY'S MOST RECENT SCHEDULE FOR UPGRADING AND REHABILITATING ITS FACILITIES. THE CITY SHOULD ALSO BE REQUIRED TO CONTINUE USING CHEMICAL ADDITION TO REMAIN IN COMPLIANCE WITH ITS PERMITTED EFFLUENT LIMITATIONS. * REGION VI ALSO REQUESTS A CIVIL PENALTY IN THE AMOUNT OF $30,000. RECENT CONTACTS: THE MOST RECENT AO WAS ISSUED ON MARCH 7, 1986. A HISTORY OF THE ORDERS ISSUED TO THE CITY IS DISCUSSED IN SECTION III.B OF THIS REORT. * IN A MEETING ON JUNE 23, 1986, THE CITY INFORMED EPA THAT IT WOULD MISS THE FIRST TWO MILESTONE DATES IN ITS AO. THE CITY CHANGES ITS APPROACH AND SUBMITTED A NEW SCHEDULE ON JULY 28, 1986. * THE CITY HAS CALLED THE REGIONAL ADMIN. TO REQUEST ANOTHER MEETING. NO MEETING HAS BEEN SCHEDULED. * FACTUAL ISSUES: THE CITY IS REQUIRED TO CONSTRUCT BY JULY 1, 1988, UNDER THE NAT'L MUNICIPAL POLICY. HOWEVER, THERE ARE NO SIGNIFI- CANT NATIONAL OR PRECEDENTAIL ISSUES. * DATES OF INSPECTION, INFORMATION RESPONSE, OR RECEIPT OF EVIDENCE OF VIOLATION WHICH LED TO THE DECISION TO INITIATE ENFORCEMENT PROCEEDINGS: A RECORD OF THE MEETING IN WHICH THE CITY INFORMED EPA THAT IT WOULD MISS ITS MILESTONE DATES IS INCLUDED AS ATTACH- MENT J. A SUMMARY OF THE EFFLUENT VIOLATIONS IS INCLUDED IN SECTION III OF THIS REPORT. * * CASE SYNOPSIS: THE CITY OF DENISON OWNS AND OPERATES FOUR WASTEWATER TREATMENT PLANTS, TWO OF WHICH ARE ADDRESSED IN THIS REFER- RAL. THE PAW PAW CREEK PLANT AND DUCK CREEK PLANT DIS- CHARGE INTO TRIBUTARIES IN THE RED BASIN. BOTH PLANTS NEED CONSTRUCTION TO MAINTAIN LONG-TERM COMPLIANCE WITH THE REQUIREMENTS OF THE CWA. * IN RESPONSE TO AN AO ISSUED ON MAY 13, 1985, THE CITY SUB- MITTED A PLAN FOR ACHIEVING COMPLIANCE BY JULY 1987. HOW- EVER, THE CITY HAS CHANGED ITS PLANS SEVERAL TIMES, AND IT IS NOW DOUBTFUL THAT IT WILL MEET THE JULY 1, 1988, DEAD- LINE REQUIRED BY THE MUNICIPAL COMPLIANCE POLICY. ALTHOUGH COMPLIANCE HAS IMPROVED RECENTLY DUE TO THE USE OF CHEMICAL ADDITION, THE CTY HAS A HISTORY OF VIOLATIONS AT THESE TWO FACILITIES. THE PLANT ARE OLD AND OVERLOADED, AND CON- STRUCTION IS NEEDED TO ENSURE LONG-TERM COMPLIANCE. * THE EPA HAS ISSUED A SERIES OF AOS TO ACCOMMODATE, AND HAS INFORMED EPA IT WILL ALSO MISS THE OCT 31, 1986, MILESTONE DATE. THE REGION VI STAFF BELIEVES

Defendants (2)

• DENISON, CITY OFNamed in complaintNamed in settlement
• DIAZ REFINERYNamed in complaintNamed in settlement

Facilities (2)

• PAW PAW CREEK

  E OF DENISON, DENISON, TX, 75020

  Registry ID: 110010727204

• DUCK CREEK

  US HWY 75 INT, DENISON, TX, 75020

  Registry ID: 110010727197

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DENISON, CITY OFentered 1988-09-01

  Primary law: CWA

  Federal penalty: $51,000

Timeline (10 milestones)

• 1986-09-30Enforcement Action Data Entered
• 1986-09-30Referred To Headquarters
• 1986-11-05Referred To Dept Of Justice
• 1987-08-20Returned To Region
• 1987-11-20Rereferred
• 1988-07-15Complaint Filed With Court
• 1988-09-01Final Order Lodged
• 1988-09-01Final Order Entered
• 1988-09-01Concluded
• 1992-03-31Enforcement Action Closed