EPA v. BERRYVILLE, CITY OF (TYSON)

Case summary

DATA SHEET: * VIOLATIONS: THE CITY OF BERRYVILLE, AR HAS BEEN IN VIOLATION OF ITS NPDES PERMIT FOR FIVE YEARS. IN ADDITION, IT HAS VIOLATED AOS ISSUED BY THE REGION. TYSON FOODS, INC. HAS BEEN DIS- CHARGING WASTE TO THE FACILITY IN SUCH AMOUNTS AS TO INTER- FACE WITH THE POTW. * PROPOSED RELIEF TO BE SOUGHT: REGION VI RECOMMENDS AN INJUNCTION AGAINST THE CITY OF BERRYVILLE, REQUIRING IT COMPLY WITH THE INTERIM LIMITS AND TO LIMIT THE AMOUNT OF WASTE ACCEPTED FROM TYSON FOODS, INC. SO THAT THE POTW IS NOT ACCEPTING INFLUENT THAT IT CANNOT PROPERLY TREAT. BERRYVILLE SHOULD BE REQUIRED TO UPGRADE ITS FACILITY SO THAT IT CAN HANDLE THE WASTEWATER FROM INDUSTRIAL USERS. ADDITIONALLY, WE REQUEST AN INJUNCTION AGAINST TYSON, ENJOINING IT FROM INTERFERING WITH THE POTW. * REGION VI REQUESTS CIVIL PENALTIES IN THE AMOUNT OF $123,549 WITH $10,000 ALLOCATED TO THE CITY AND $113,549 TO TYSON FOODS, INC. * RECENT CONTACTS: AN AO WAS ISSUED ON MAY 30, 1986. EARLIER AOS ARE SET FORTH IN SECTION III.B OF THE LITIGATION REPORT. * * CASE SYPOPSIS: CITY OF BERRYVILLE, AR, OWNS AND OPERATES A WASTEWATER FACILITY THAT TREATS AND SICHARGES MUNICIPAL WASTE INTO OSAGE CREEK, THENCE TO KINGS RIVER IN THE WHITE RIVER BASIN. FOR FIVE YEARS, THE CITY HAS VIOLATED THE TERMS OF ITS NPDES PERMIT AND INTERIM LIMITS ESTABLISHED IN AOS. THE CITY HAS ALSO FAILED TO IMLEMENT THE GENERAL PRETREATMENT REGULATIONS IN 40 CFR 403, AND HAS FAILED TO LIMIT CONTRIBUTIONS FROM ITS MAJOR INDUSTRY; THE FAILURE TO LIMIT CONTRIBUTIONS TO THE SYSTEM HAS RESULTED IN INTERFERENCE WITH THE POTW FACI- LITY. BERRYVILLE HAS, THEREFORE, VIOLATED SECTIONS 301, 307(D) AND 309(A)(3) AND (F), OF THE CWA, 33 USC 1311, 1317 (D) AND 1319(A)(3) AND (F), AND 40 CFR PART 403. * TYSON FOODS, INC. OWNS AND OPERATES A FOOD PROCESSING PLANT IN BERRYVILLE, AR. IT CONTRIBUTES APPROX 83% OF THE INFLU- ENT TO THE BERRYVILLE POTW. THE POTW IS A 1.2 MGD FACILITY AND TYSON CONTRIBUTES 1.0 MGD. TYSON HAS BEEN DISHCARGING POLLUTANTS THROUGH THE POTW WHICH ARE INTERFERING WITH THE TREATMENT FACILITY IN VIOLATION OF SECTION 307 OF THE ACT, 33 USC 1317. * SECTION 309(F) OF THE ACT, 33 USC 1319(F) AUTHORIZES THE ADMIN TO INITIATE A CIVIL ACTION AGAINST THE OWNER OR OPERATOR OF A POTW AND THE OWNER OR OPERATOR OF THE SOURCE DISCHARGING TO THE POTW WHEN THE INTRO OF POLLUTANTS INTO A TREATMENT WORKS IS IN VIOLATION OF SECTION 307(D) OF THE CWA, PROVIDED THAT NOTICE HAS BEEN GIVEN TO THE POTW AND THE OWNER OR OPERATOR OF THE TREATEMENT WORKS HAS NOT TAKEN APPROPRIATE ENFORCEMENT ACTION WITHIN 30 DAYS OF NOTIFICA- TION. TWO OF THE AOS ISSUED HAVE NOTIFIED BERRYVILLE THAT IT WAS IN VIOLATION OF SECTION 307, AND REQUIRED IT TO TAKE ACTION TO CONTROL THE INFLUET WHICH WAS ACCEPTED FROM TYSON. THE LATEST SUCH AO WAS ISSUED MAY 30, 1986, AND THE CITY'S RESPONSE HAS BEEN TO ENTER INTO AN AGREEMENT WITH TYSON FOR TYSON TO CONSTRUCT A TREATMENT WORKS AND TO HAVE IT IN OPERATION BY THE END OF THE YEAR. HOWEVER, BERRYVILLE DID NOT ATTEMPT TO LIMIT THE DISCHARGES

Defendants (3)

• ARKANSAS, STATE OFNamed in complaintNamed in settlement
• BERRYVILLE, CITY OFNamed in complaintNamed in settlement
• TYSON FOODS, INC.Named in complaintNamed in settlement

Facilities (1)

• BERRYVILLE CITY OF WWTP

  1000 WEST CEDARVALE ROAD, BERRYVILLE, AR, 72616

  Registry ID: 110000526440

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BERRYVILLE, CITY OF (TYSON)entered 1987-10-05

  Primary law: CWA

  Federal penalty: $123,549

Timeline (8 milestones)

• 1986-09-02Enforcement Action Data Entered
• 1986-10-03Referred To Headquarters
• 1986-10-30Referred To Dept Of Justice
• 1987-07-22Complaint Filed With Court
• 1987-10-05Final Order Lodged
• 1987-10-05Final Order Entered
• 1987-10-05Concluded
• 1990-01-06Enforcement Action Closed