EPA v. BARTLESVILLE, CITY OF

Case summary

DATA SHEET: * DEFENDANT: DEFENDANT OWNS AND OPERATES A WASTEWATER TREATEMENT FACILITY WHICH IS THE SUBJECT OF THIS REFERRAL. * VIOLATIONS: VIOLATION OF PERMIT EFFLUENT LIMITS HAS CONTINUED SINCE AT LEAST 1984. FAILURE TO COMPLY WITH AO INTERIM LIMITS, FAILURE TO ELIMINATE FREQUENT BYPASSING, POOR OPERATION AND MAINTENANCE AND SCHEDULE VIOLATIONS OF AOS ARE NOTED AS VIO- LATIONS IN THIS REPORT. * PROPOSED RELIEF: SETTLEMENT IN THE FORM OF A CONSENT DECREE AND A MINIMUM CIVIL PENALTY IN THE AMOUNT OF $51,000. * RECENT CONTACT W/DEFENDANT: A MEETING WITH THE CITY REPS WAS HELD ON SEPT 30, 1987. * NATIONAL ISSUES: NATIONAL MUNICIPAL POLICY REQUIRES ALL CITIES TO ACHIEVE COMPLIANCE WITH THE ACT NLT JULY 1, 1988. THIS MATTER WARRANTS ACTION TO MEET DEADLINES CONSISTEN WITH THAT GOAL. * * SYNOPSIS: BARTLESVILLE, OK IS A MUNICIPALITY INCORPORATED UNDER THE LAWS OF THE STATE OF OK. * THE EPA ISSUED NPDES PERMIT NO. OK0030333 TO BARTLESVILLE ON FEB 14, 1986, WITH AN EFFECTIVE DATE OF FEB 15, 1986. BARTLESVILLE HAS BEEN SIGNIFICANTLY NONCOMPLIANT WITH THE FINAL EFFLUENT LIMITATIONS OF THEIR NDPES PERMIT SINCE ITS EFFECTIVE DATE, AND HAS EXPERIENCED EXTREME AND FREQUENT BYPASSING DURING RAINFALL EVENTS. BARTLESVILLE HAS ALSO FAILED TO MEET THEIR CONSTRUCTION SCHEDULE, AS PROVIDED IN TWO AOS. * COMPOUNDING THE EFFLUENT VIOLATIONS, INSPECTIONS CONDUCTED BY THE EPA REVEAL THAT BARTLESVILLE HAS EXPERIENCED SIGNIFI- CANT PROBLEMS WITH THE IMPLEMENTATION OF THEIR PRETREAT- MENT PROGRAM. * THIS REFERRAL SEEKS COMPLIANCE WITH THE CWA AND STATUTORY PENALTIES FOR UNAUTHORIZED DISHCARGES IN VIOLATION OF THE ACT, 33 USC 1251 ET SEQ. THE ADMIN, PURSUANT TO SECTION 309 (B) OF THE ACT, 33 USC 1319(B), MAY COMMENCE A CIVIL ACTION AGAINST A MUNICIPALTIY FOR THE VIOLATIONS OF THE ACT.

Defendants (2)

• BARTLESVILLE, CITY OFNamed in complaintNamed in settlement
• OKLAHOMA, STATE OFNamed in complaintNamed in settlement

Facilities (1)

• BARTLESVILLE CITY OF

  P O BOX 699, BARTLESVILLE, OK, 74005

  Registry ID: 110010743972

Statutes cited

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

Enforcement conclusions (1)

• BARTLESVILLE, CITY OFentered 1989-04-25

  Primary law: CWA

  Federal penalty: $72,000

Timeline (8 milestones)

• 1987-11-09Enforcement Action Data Entered
• 1987-11-09Referred To Headquarters
• 1987-12-24Referred To Dept Of Justice
• 1989-01-26Complaint Filed With Court
• 1989-04-25Final Order Lodged
• 1989-04-25Final Order Entered
• 1989-04-25Concluded
• 1989-06-11Enforcement Action Closed