EPA v. HOUSTON, CITY OF

Case summary

CASE SYNOPSIS: THIS LITIGATION REPORT IS IN SUPPORT OF A REQUEST FOR A CIVIL ACTION AGAINST THE CITY OF HOUSTON, TX TO ENFORCE SEC- TION 301 OF THE CWA, 33 USC 1311. THIS LITIGATION REPORT CONCERNS LUDGE WASHOUTS AT THE CITY'S NORTHSIDE WASTE WATER TREATMENT PLANT DURING THE MONTHS OF JUNE AND JULY 1987. THE NORTHSIDE PLANT CONSISTS OF THE NORTHSIDE EAST PLANT (SEWAGE TREATMENT) AND THE NORTHSIDE WEST PLANT. THE CITY HAD CONVERTED AND WAS UTILIZING THE NORTHSIDE WEST PLANT AS A SLUDGE THICKENING AND DIGESTION PLANT. SUPERNATANT FROM THE PLANT WAS NORMALLY DISCHARGED INTO THE NORTHSIDE EAST PLANT FOR FURTHER TREATMENT PRIOR TO DISCHARGE. THE DATA OBTAINED THROUGH ORDER FOR INFORMATION DOCKET NO. VI-88-1115 SHOWS THAT THE CITY WASHED 477 TONS OF SLUDGE FROM THE NORTHSIDE WEST PLANT THROUGH THE NORTHSIED EAST PLANT AND DISCHARGED THE SLUDGE THROUGH THE NORTHISED EAST PLANT OUTFALL INTO THE RECEIVING STREAM. THE PERMIT LIMIT FOR THE NORTHSIDE EAST PLANT OUTFALL INTO THE RECEIVING STREAM. THE PERMIT LIMIT FOR THE NORTHSIDE EAST PLANT IS 3.4 TONS PER DAY OR 102 TONS PER MONTH. IT WAS CLEARLY WITHIN THE CITY'S ABILITY TO DISPOSE OF THE SLUDGE IN THE PROPER MANNER RATHER THAN DISCHARGE THE PLANT EFFLUENT INTO THE RECEIVING STREAM. * THIS CIVIL ACTION REQUEST ALSO CONCERNS TWO SLUDGE BYPASSES AT A PUMP STATION. EACH BYPASS CAUSED FISH KILL. ON SEPT 9, 1987, AND ON OCT 9, 1987, THE CITY BYPASSED A TOTAL OF 14.6 MILLION GALLONS OF THICKENED ACTIVATED SLUDGE AND RAW WASTE WATER THAT KILLED 96,051 AND 4,770 FISH, RESPECTIVELY. THESE BYPASSES OCCURRED AT THE CITY'S 11TH STREET LIFT STATION. THE 11TH STREET LIFT STATION ON THOSE DATES WAS USED TO TRANSPORT WASTE ACTIVATED SLUDGE FROM THE WEST DIS- TRICT AND/OR NORTHWEST WASTE WATER TREATMENT PLANT TO THE NORTHSIDE/69TH STREET COMPLEX. * THIS ACTION SEEKS REMEDIAL ACTION AND CIVIL PENALTIES ONLY; REMEDIAL ACTIONS HAVE ALREADY BEEN COMPLETED.

Defendants (1)

• HOUSTON, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• HOUSTON CITY NORTHSIDE WWTP

  11TH ST LIFT STATION, HOUSTON, TX, 77251

  Registry ID: 110010594589

Statutes cited

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

Enforcement conclusions (1)

• HOUSTON, TEXAS, CITY OFentered 1992-03-11

  Primary law: CWA

  Federal penalty: $50,900

Timeline (9 milestones)

• 1988-09-29Enforcement Action Data Entered
• 1988-09-29Referred To Dept Of Justice
• 1989-01-30Returned To Region
• 1989-03-15Rereferred
• 1991-10-17Complaint Filed With Court
• 1992-03-11Final Order Lodged
• 1992-03-11Final Order Entered
• 1992-03-11Concluded
• 1994-12-22Enforcement Action Closed