EPA v. NACOGDOCHES, CITY OF

Case summary

DATA SHEET * DEFENDANT: THE CITY OF NACOGDOCHES OWNS AND OPERATES A WASTEWATER TREATMENT FACILITY IN NACOGDOCHES, TX, WHICH IS THE SUBJECT OF THIS REFERRAL. * VIOLATIONS: FAILURE TO IMPLEMENT APPROVED PRETREATMENT PROGRAM IN VIO- LATION OF THE NPDES PERMIT. * PROPOSED RELIEF: SETTLEMENT IN THE FORM OF A DECREE AND A MINIMUM CIVIL PENALTY OF $60,632. * RECENT CONTACT WITH DEFENDANT: THE EPA HELD 'SHOW CAUSE' MEETING WITH THE PERMITTEE ON AUG 19, 1988. ALTHOUGH THE CITY INDICATED PLANS FOR ACHIEVING COMPLIANCE, IT HAD NOT YET IMPLEMENTED THE PRO- GRAM. * NATIONAL ISSUES: CIVIL ACTION IS WARRANTED IN ACCORDANCE WITH EPA'S AUG 4, 1988 'GUIDANCE ON BRINGING ENFORCEMENT ACTIONS AGAINST POTWS FOR FAILURE TO IMPLEMENT PRETREATMENT PROGRAMS'. * EVIDENCE OF VIOLATIONS: THE 1986 AUDIT REPORT AND 1988 PRETREATMENT COMPLIANCE INSPECTION REPORT PROVIDE EVIDENCE OF THE VIOLATION. * * CASE SYNOPSIS: THE CITY OF NACOGDOCHES IS LOCATED IN THE FORESTED REGION OF EAST TEXAS IN THE COUNTY OF NACOGDOCHES. THE CITY OPERATES A 10.08 MGD DESIGN CAPACITY OXIDATION DITCH PLANT WHICH HAS BEEN EXPANDED BY MEANS OF AN ORBAL AERATION BASIN FUNDED IN PART BY EPA. PERMITTEE HAS FAILED TO IMPLENT ITS FEDER- ALLY APPROVED PRETREATMENT PLAN IN VIOLATION OF ITS PERMIT. * NPDES PERMIT NO. TX0055123, ISSUED ON DEC 16, 1983, REQUIRED THE CITY TO IMPLEMENT THE PRETREATMENT PROGRAM APPROVED BY EPA ON DEC 1, 1983. ALTHOUGH EPA MADE SPECIFIC RECOMMENDA- TIONS IN ITS AUDIT OF MAY 1986, NACOGDOCHES FAILED TO AD- DRESS THE PROBLEMS. THE REISSUED PERMIT OF AUG 17, 1987 AGAIN REQUIRED IMPLEMENTATION OF THE PRETREATMENT PROGRAM. HOWEVER, A PRETREATMENT COMPLIANCE INSPECTION ON MARCH 16, 1988 REVEALED THE PERMITTEE HAD STILL NOT CORRECTED THE PROBLEMS NOTED IN THE 1986 PRETREATMENT AUDIT. * MUNICIPAL PRETREATMENT PROGRAMS MUST BE FULLY IMPLEMENTED IN ORDER TO EFFECTIVELY CONTROL INDUSTRIAL DISCHARGES OF TOXIC, HAZ AND CONCENTRATED CONVENTIONAL WASTES INTO CITY SYSTEMS. NACOGDOCHES HAS FAILED TO PERMIT ALL INDUSTRIAL USERS, INCLUDING SOME CATEGORICAL INDUSTRIES. PERMITTEE HAS ALSO FAILED TO INSPECT AND SAMPLE PROPERLY, AND TO IDENTIFY SIGNIFICANT VIOLATORS. REGION VI REQUEST A CIVIL ACTION FOR PENALTIES OF $60,632 AND INJUNCTIVE RELIEF.

Defendants (1)

• NACOGDOCHES, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• SEWERAGE TREATMENT PLT(STP) 2A

  W OF FARM TO MARKET RD 1275 &, NACOGDOCHES, TX, 75961

  Registry ID: 110010783330

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• NACOGDOCHES, CITY OFentered 1990-05-15

  Primary law: CWA

  Federal penalty: $60,000

Timeline (9 milestones)

• 1988-09-30Referred To Dept Of Justice
• 1988-09-30Enforcement Action Data Entered
• 1988-12-19Returned To Region
• 1989-03-24Rereferred
• 1989-10-03Complaint Filed With Court
• 1990-05-15Final Order Entered
• 1990-05-15Concluded
• 1990-05-15Final Order Lodged
• 1991-04-30Enforcement Action Closed