EPA v. PRYOR, CITY OF

Case summary

DATA SHEET: * VIOLATION: THE CITY OF PRYOR, OK, ACTING THROUGH THE PRYOR MUNICIPAL UTILITIES BOARD, HAS BEEN IN VIOLATION OF ITS NPDES PERMIT FOR AT LEAST TEN YEARS. IT HAS, HOWEVER, ATTAINED COMPLI- ANCE WITH INTERIM LIMITS FOR APPROX A YEAR AFTER THOSE LIMITS WERE GIVEN IN AN AO. THUS, THIS REFERRAL ADDRESSES VIOLATIONS OCCURRING FROM JUNE, 1986 TO PRESENT. IN ADDI- TION, IT HAS VIOLATED AOS ISSUED BY THE REGION. * PROPOSED RELIEF: REGION VI RECOMMENDS AN INJUNCTION AGAINST THE CITY OF PRYOR REQUIRING IT TO COMPLY WITH THE PERMIT LIMITS. PRYOR SHOULD BE REQUIRED TO UPGRADE ITS FACILITY SO THAT IT CAN COMPLY WITH ITS PERMIT. * REGION VI REQUESTS CIVIL PENALTIES IN THE AMOUNT OF $20,000. SYNOPSIS: * THE CIFY OF PRYOR, OK, OWNS AND OPERATES A WASTEWATER TREAT- MENT FACILITY IN NORTH OK. IT IS OPERATED BY THE PRYOR MUNICIPAL UTILITIES BOARD, TO WHICH THE PERMIT WAS PERMIT WAS ISSUED. ALL REFERENCES TO 'PRYOR' OR 'CITY' IN THIS LITIGATION REPORT SHOLD BE CONSTRUED TO INCLUDE THAT GOVERN- MENTAL BODY. THE FACILITY DISCHARGES MUNICIPAL WASTE INTO A TRIBUTARY OF PRYOR CREEK, THENCE TO FT. GIBSON RESERVOIR. * PRYOR HAS BEEN IN VIOLATION OF ITS NPDES PERMIT SINCE THE MID 1970'S. BECAUSE OF ITS INABILITY TO MEET THE LIMITS IN ITS PERMIT, EPA ISSUED AN AO IN MAY, 1985, IN WHICH IT ESTABLISHED INTERIM LIMITS. THE CITY MET THOSE LIMITS UNTIL JUNE, 1986. FOR THAT REASON, REGION VI RECOMMENDS PURSUIT OF VIOLATIONS THAT OCCURRED FROM JUNE, 1986 TO PRESENT. * IT HAS ALSO VIOLATED THE TERMS OF THE AOS ISSUED BY THE EPA; SPECIFICALLY, IT HAS NEITHER COMPLIED WITH THE INTERIM LIMITS (SINCE JUNE, 1986) NOR CONSTRUCTION SCHEDULES SET FORTH IN THE ORDERS. * PRYOR HAS, THEREFORE, VIOLATED SECTION 301 OF THE CWA, 33 USC 1311, IN THAT IT HAS NOT COMPLIED WITH THE TERMS OF ITS NPDES PERMIT, ISSUED PURSUANT TO SECTION 402 OF THE CWA, 33 USC 1342. IT HAS ALSO VIOLATED SECTION 309, 33 USC 1319, BY ITS FAILURE TO COMPLY WITH AOS. BECAUSE OF THE CITY'S LACK OF DILIGENCE, IT WILL NOT BE ABLE TO MEET THE JULY 1, 1988 DEADLINE FOR COMPLIANCE WITH FELS.

Defendants (1)

• PRYOR, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• PRYOR CITY OF

  PRYOR PLANT, PRYOR, OK, 74361

  Registry ID: 110010726964

Statutes cited

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

Enforcement conclusions (1)

• PRYOR CREEK, CITY OFentered 1991-09-17

  Primary law: CWA

  Federal penalty: $20,000

Timeline (10 milestones)

• 1988-02-25Referred To Headquarters
• 1988-02-25Enforcement Action Data Entered
• 1988-04-01Referred To Dept Of Justice
• 1988-05-19Returned To Region
• 1988-11-07Rereferred
• 1991-08-22Complaint Filed With Court
• 1991-09-17Final Order Lodged
• 1991-09-17Final Order Entered
• 1991-09-17Concluded
• 1991-11-15Enforcement Action Closed