EPA v. ABBEVILLE, CITY OF

Case summary

CASE SUMMARY: * THE CITY OF ABBEVILLE OWNS AND OPERATES A WASTEWATER TREAT- MENT FACILITY WHICH IS THE SUBJECT OF THIS REFERRAL. * VIOLATIONS: VIOLATION OF FINAL EFFLUENT LIMITS HAS CONTINUED SINCE 1983. ADDITIONAL VIOLATIONS INCLUDE FAILURE TO COMPLY WITH AOS, WHICH CONTAINED SEVERAL CONSTRUCTION SCHEDULES. * PROPOSED RELIEF: SETTLEMENT IN THE FORM OF A CONSENT DECREE WITH A MINIMUM CIVIL PENALTY IN THE AMOUNT OF $24,000. * RECENT CONTACT: THE MOST RECENT MEETINGS WITH CITY REPRESENTATIVES WAS HELD IN SEPT. 1987, SUBSEQUENT TO WHICH THIS ACTION WAS RECOM- MENDED. TO DATE, PERMIT AND AO VIOLATIONS CONTINUE. * NATIONAL ISSUES: NATIONAL MUNICIPAL POLICY REQUIRES ALL CITIES TO ACHIEVE COMPLIANCE WITH THE ACT NO LATER THAN 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 ABBEVILLE IS LOCATED IN VERMILLION PARISH, LA. THE CITY OWNS AND OPERATES A WASTEWATER TREATMENT PLANT WHICH HAS BEEN IN OPERATION SINCE THE 1950'S. THIS PLANT IS OUTDATED; THEREFORE, TECHNICALLY INCAPABLE OF PROVIDING THE OPERATIONS NECESSARY TO MEET PERMIT COMPLIANCE. * THE AVERAGE DAILY DESIGN FLOW OF THE FACILITY IS APPROX 1.6 MILLION GALLONS PER DAY. THE PLANT SERVES A POPULATION BETWEEN 12,000 AND 13,000. THE CURRENT NPDES PERMIT REQUIRES DISCHARGE TO THE VERMILION RIVER. * THE CITY WAS ISSUED NPDES PERMIT NUMBER LA0039748 ON MARCH 12, 1986. THE PERMIT WAS REISSUED ON MARCH 6, 1985. THIS CURREN PERMIT INCORPORATES MORE STRINGENT EFFLUENT LIMITA- TIONS DUE TO THE RESULTS OF THE MST RECENT WASTE LOAD ALLO- CATION STUDIES. THE PERMIT WILL EXPRIE ON MARCH 3, 1990. * THE CITY HAS FAILED TO MAINTAIN COMPLIANCE WITH FINAL PERMIT LIMITS SINCE 1981. THE CITY ALSO EXPERIENCES FREQUENT BY- PASSING DURING ALL EPISODES OF WET WEATHER IN VIOLATION OF ITS NPDES PERMIT. THE BYPASSING IS DUE TO SEVERE INFLOW AND INFILTRATION (I & I) PROBLEMS. IN FEB 1982 AND AGAIN IN SEPT 1983, EPA ISSUED AO VI-82-056 AND VI-83-165, RESPECTIVELY, CITING THE EFFLUENT AND BYPASSING VIOLATIONS. BY THESE ORDERS CORRECTIVE ACTION WAS ORDERED REQUIRING THE CITY TO SUBMIT A COMPLIANCE SCHEDULE. AO VI-84-1205 WAS ISSUED ON OCTOBER 16, 1984, REVISING THE COMPLIANCE SCHEDULE. DESPITE EPA'S ENFORCEMENT EFFORTS, VIOLATIONS CONTINUED. IN MAY 1986, EPA ISSUED AO VI-86-1008 CITING CONTINUING VIOLATIONS AND REQUESTED THE CITY TO MEET WITH REPS TO DISCUSS NONCOMPLIANCE. SIX MONTHS FOLLOWING THE MEETING, AO VI-87-1208 WAS ISSUED WITH YET ANOTHER REVISED COMPLIANCE SCHEDULE. THIS SCHEDULE EXTENDED THE DATES SET FORTH IN THE PREVIOUS AO IN ORDER TO ALLOW THE CITY TO APPLY FOR EPA CONSTRUCTION GRANTS FUNDING. THE CITY FAILED TO MEET THE REQUIREMENTS SET FORTH IN THE AO IN A TIMELY MANNER. EPA ISSUED A SHOW CAUSE ORDER IN SEPT 1987, VI-87- 1043. IT BECAME EVIDENT AT THIS TI

Defendants (2)

• ABBEVILLE, CITY OFNamed in complaintNamed in settlement
• LOUISIANA, STATE OFNamed in complaintNamed in settlement

Facilities (1)

• ABBEVILLE, CITY OF

  304 CHARITY STREET, ABBEVILLE, LA, 70510

  Registry ID: 110014424211

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ABBEVILLE, CITY OFentered 1991-05-21

  Primary law: CWA

  Federal penalty: $25,000

Timeline (7 milestones)

• 1988-01-18Enforcement Action Data Entered
• 1988-05-25Referred To Dept Of Justice
• 1990-05-15Complaint Filed With Court
• 1991-05-21Concluded
• 1991-05-21Final Order Lodged
• 1991-05-21Final Order Entered
• 1991-07-16Enforcement Action Closed