EPA v. MONTICELLO, CITY OF

Case summary

SYNOPSIS: * THE CITY OF MONTICELLO IS LOCATED IN DREW COUNTY, ARK. THE CITY OWNS AND OPERATES TWO WASTEWATER TREATEMENT FACILITIES, THE WEST AND EAST PLANT. THE WEST PLANT CONSISTS OF TWO OXIDATION PONDS AND WAS BUILT IN 1972. THE EAST PLANT CON- SISTS OF TWO OXIDATION PONDS AND TWO AERATED LAGOONS. THE EAST FACILITY HAS BEEN EXISTENCE SINCE 1972. * THE AVG DAILY DESIGN FLOW OF THE WEST PLANT IS 1.7 MGD PER DAY AND 2.91 MGD FOR THE EAST PLANT. THE PLANTS SERVE A TOTAL POPULATION OF APPROX 8,960. BOTH FACILITIES ARE AUTHORIZED BY THEIR RESECTIVE NPDES PERMITS TO DISCHARGE TO THE OUACHITA RIVER. * THE CITY WAS ISSUED NPDES PERMIT ARR0021831 FOR THE EAST PLANT ON JUNE 1, 1984, WHICH EXPIRED ON JUNE 13, 1986. A TIMELY RENEWAL APPLICATION WAS SUBMITTED AND THE PERMIT WAS REISSUED ON JUNE 20, 1986, AND WILL EXPIRE IN 1991. ALL PREVIOUS AND CURRENT PERMITS CONTAINED SECONDARY TREATMENT LIMITS. * THE CITY WAS IN VIOLATION OF ITS PERMITTED EFFLUENT LIMITS AT BOTH THE WEST AND EAST PLANTS IN 1982 AND 1983. IN 1984 EPA ISSUED AOS VI-84-435A AND VI-84-434A FOR THE EAST PLANT AND WEST PLANT, RESPECTIVELY. THE AOS REQUIRED THE CITY TO SUBMIT A MUNICIPAL COMPLIANCE PLAN AND TO MEET CERTAIN IN- TERIM LIMITS. IT WAS ALSO NOTED THAT COMPLIANCE HAD TO BE ACHIEVED NO LATER THAN JULY 1, 1988. IN JAN, 1986 EPA AGAIN ISSUED AOS TO THE CTY FOR BOTH THE EAST AND WEST PLANT. AO NO. VI-86-1208 AND AO NO. VI-86-1207 REQUIRED THE CITY TO MEET THE COMPLIANCE SCHEDULES CONTAINED THEREIN AND TO MEET THE SAME INTERIM LIMITS AS NOTED IN THE 1984 AOS. THE CONSTRUCTION SCHEDULE REQUIRED CONSTRUCTION TO BEGIN NLT JULY 15, 1986, AND TO BE COMPLETED BY JULY 1, 1988. * THE CITY HAS FAILED TO MEET INTERIM LIMITS SINCE 1984 AT BOTH FACILITIES. THE CITY HAS ALSO FAILED TO MEET THE CON- STRUCTION COMPLIANCE DATES CONTAINED IN THE AOS. BY LETTER OF SEPT 26, 1986, THE CITY REQUESTED AN EXTENSION OF COM- PLIANCE DATES ISSUED IN THE AOS ALTHOUGH IT STILL INTENDED TO MEET THE FINAL STATUTORY COMPLIANCE DATE OF JULY 1, 1988. THE PERMITTEE REQUESTED THE EXTENSION BASED ON THREE EVENTS: THE NEED TO RETEST THE PILOT STUDY, THE CLOSING OF THE MON- TICELLO CARPET MILL IN 1985, AND THE FACT THAT THE ENGINE- ERING CONTRACT WAS NOT FINALIZED UNTIL DEC 1985. * ALSO, ANOTHER LETTER FROM THE PERMITTEE DATED FEB 3, 1986, INDICATED THAT BURLNGTON IND AND THE PERMITTEE HAD DISCUS- SED TREATMENT NEEDS AS WELL AS FINANCIAL PARTICIPATION IN THE CAPITAL COSTS OF THE EAST STP IMPROVEMENTS. ACCORDING TO THIS LETTER, BURLINGTON IND QUESTIONED THE NEED TO PARTI- CIPATE IN FINANCING SINCE THE MONTICELLO CARPET MILL CLOSED IN THE SUMMER OF 1985, EVEN THOUGH THE BURLINGTON RUG MILL STILL DISCHARGES TO THE POTW. ONLY THE BURLINGTON RUG MILL STILL DISCHARGES TO POTW. * THE PERMITTEE SENT EPA A LETTER ON FEB 18, 1986, WHICH INDICATED THAT THE PERMITTEE HAD STILL NOT OBTAINED THE NECESSARY TREATMENT CAPACITY INFO FROM BURLINGTON IND AND THAT THIS INFOR WAS CRITICAL FOR THE EAST STP DESIGN. THE PERMITTEE ALSO INDICATED THAT DESIGN OF THE EAST STP COULD NOT BE INITIATED UNTIL SUCH TIME AS BURLINGTON IND PROVIDED ITS TREATMENT INFO TO THE CITY. EPA BY LETTER OF MARCH 6, 1986, DENIED THE CITY'S EXTENSION R

Defendants (1)

• MONTICELLO, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• MONTICELLO CITY OF (NE POND)

  FLORENCE RD, MONTICELLO, AR, 71655

  Registry ID: 110044312918

Statutes cited

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

Enforcement conclusions (1)

• MONTICELLO, CITY OFentered 1989-10-05

  Primary law: CWA

  Federal penalty: $35,000

Timeline (10 milestones)

• 1986-12-02Enforcement Action Data Entered
• 1987-03-13Referred To Headquarters
• 1987-04-29Referred To Dept Of Justice
• 1987-08-20Returned To Region
• 1987-11-20Rereferred
• 1989-07-26Complaint Filed With Court
• 1989-10-05Final Order Lodged
• 1989-10-05Final Order Entered
• 1989-10-05Concluded
• 1989-12-10Enforcement Action Closed