EPA v. PINE BLUFF, ARKANSAS, CITY OF

Case summary

DATA SHEET: * DEFENDANT: THE CITY OF PINE BLUFF OWNS AND OPERATES FOUR WASTEWATER TREATMENT FACILITIES WHICH ARE THE SUBJECT OF THIS REFER- RAL. * VIOLATIONS: VIOLATION OF INTERIM EFFLUENT LIMITS HAS CONTINUED SINCE 1985. ADITIONAL VIOLATIONS INCLUDE FAILURE TO COMPLY WITH ADMIN. ORDER, WHICH CONTAINED A CONSTRUCTION SCHEDULE AND FAILURE TO IMPLEMENT ITS PRETREATMENT PROGRAM. * PROPOSED RELIEF: SETTLEMENT IN THE FORM OF A CONSENT DECREE AND A MINIMUM CIVIL PENALTY IN THE AMOUNT OF $75,000. * RECENT CONTACT WITH DEFENDANT: THE MOST RECENT MEETING WITH CITY REPS WAS HELD IN JULY, 1986, SUBSEQUENT TO WHICH THIS ACTION WAS RECOMMENDED. TO DATE, PERMIT AND ADMIN ORDER VIOLATIONS CONTINUE. * NATIONAL ISSUES: NATIONAL MUNICIPAL POLICY REQUIRES ALL CITIES TO ACHIEVE COMPLIANCE WITH THE ACT NLT JULY 1, 1988. AN EXTENSION MAY ONLY BE GRANTED WHEN PHYSICAL IMPOSSIBILITY PROHIBITS MEETING THE DEADLINE. IN SUCH A CASE THE ONLY LEGALLY ACCEPTABLE MEANS OF EXTENDING THE COMPLIANCE DATE IS THROUGH A COURT ORDER. * * SYNOPSIS: THE CITY OF PINE BLUFF IS LOCATED IN JEFFERSON CTY, ARK, IN THE NORTHEASTERN CORNER OF THE STATE. THE CITY OWNS AND OPERATES FOUR WASTEWATER TREATMENT FACILITIES. ALL FOUR PLANTS CURRENTLY DISCHARGE TO THE ARK RIVER. * THE CITY WAS RECENTLY REISSUED NPDES PERMIT AR0033316 FOR THE BOYD'S POINT POND. THIS CURRENT PERMIT BECAME EFFECTIVE FEB 15, 1986, AND WILL EXPIRE IN 1991. THE CITY WAS ALSO ISSUED NPDES PERMIT AR0033341 FOR THE CHERRY CREEK POND ON JAN 14, 1981, WHICH EXPIRED IN FEB, 1986. NPDES PERMIT AR0033332 FOR PORT POND WAS MOST RECENTLY REISSUED IN MARCH, 1984 AND WILL EXPIRE IN MARCH 1989. THE FOURTH TREATMENT PLANT, CANEY BAYO POND, WAS REISSUED NPDES PERMIT AR0033324 IN JUNE 1986. THE PERMIT WILL EXPIRE IN AUGUST 1987. * OF THE FOUR TREATMENT PLANTS TWO ARE CONSIDERED MAJOR FACI- LITIES, BOYD'S CREEK AND CANEY BAYOU POND, AND TWO ARE MINOR FACILITIES, CHERRY CREEK POND AND PORT POND. EACH PLANT IS MERELY A LAGOON AND HAS BEEN UABLE TO MEET SECON- DARY TREATMENT. AS A RESULT THE CITY HAS DECIDED TO SHUT DOWN THREE OF THE FACILITIES AND EXPAND BOYD'S POND TO ACCOMODATE THE ADDITIONAL FLOW. ON SEPT 30, 1985, EACH FACILITY WAS ISSUED AN ADMIN ORDER REQUIRING COMPLIANCE WITH INTERIM EFFLUENT LIMITS AND A CONSTRUCTION SCHEDULE. THE CITY MISSED ITS FIRST TWO MILESTONE DATES OF THE CONSTRUC- TION SCHEDULE PINE BLUFF CLAIMED THAT THE DELAY WAS UNAVOID- ABLE DUE TO THE CORP OF ENGINEERS' DENIAL OF THE CITY'S REQUEST FOR A 404 PERMIT. EXPANSION OF THE BOYD'S POND WILL REQUIRE CONSTRUCTION INTO THE WETLAND AREAS OF THE CITY. WETLANDS ARE PROTECTED BY SECTION 404 OF THE CWA, 33 USC 1344. * THE CITY AT ONE TIME WAS ELIGIBLE FOR GRANT FUNDING BUT LOST THE GRANT FOR SEVERAL REASONS. ONE

Defendants (1)

• PINE BLUFF, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• BOYDS POINT POND CANEYB BAYOU

  200 E 8TH ST, LITTLE ROCK, AR, 72200

  Registry ID: 110010773270

Statutes cited

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

Enforcement conclusions (1)

• PINE BLUFF WASTEWATERentered 1989-11-13

  Primary law: CWA

  Federal penalty: $25,000

Timeline (8 milestones)

• 1986-09-30Enforcement Action Data Entered
• 1986-09-30Referred To Headquarters
• 1987-04-02Referred To Dept Of Justice
• 1989-08-15Complaint Filed With Court
• 1989-11-13Concluded
• 1989-11-13Final Order Lodged
• 1989-11-13Final Order Entered
• 1989-11-15Enforcement Action Closed