EPA v. SAN ANTONIO, CITY OF

Case summary

DATA SHEET: * VIOLATIONS: FAILURE OF THE CITY TO IMPLEMENT ADEQUATE PRETREATMENT TO ASSURE COMPLIANCE WITH ITS NPDES PERMIT, ITS PRETREATMENT PROGRAM, THE REGULATIONS AND THE ACT. * PROPOSED RELIEF: SETTLEMENT IN THE FORM OF A DECREE AND A MINIMUM CIVIL PENALTIES IN THE AMOUNT OF $250,000. * RECENT CONTACT WITH DEFENDANT: THE MOST RECENT CONTACT WITH THE CITY TOOK PLACE DURING THE COURSE OF AN EPA INSPECTION CONDUCTED JUNE 9, 1988. * NATIONAL ISSUES: THE PURPOSE OF THE CWA IS FRUSTRATED IF A CITY'S POTW FAILS TO IMPLEMENT ITS APPROVED PRETREATMENT PROGRAM AND INDUS- TRIAL USERS ARE ALLOWED TO IGNORE THEIR PERMIT AND REGULA- TORY REQUIREMENTS, AND THEREBY THWART THE EFFORTS OF THE POTW TO COMPLY WITH ITS NPDES PERMIT CONDITIONS. * * CASE SYNOPSIS: THE CITY OF SAN ANTONIO OWNS AND OPERATED THREE WASTEWATER TREATMENT FACILITIES, EACH OF WHICH HAVE BEEN ISSUED NPDES PERMITS: LEON CREEK, PERMIT NO. TX0052639, ISSUED APRIL 30, 1982 TO BE EFFECTIVE MAY 31, 1982; SALADO CREEK, PERMIT NO. TX0052647, ISSUED JULY 8, 1981 TO BE EFFECTIVE AUG 9, 1981; AND RILLING ROAD, PERMIT NO. TX0021342, ISSUED OCT 30, 1981 TO BE EFFECTIVE DEC 11, 1981. THE RILLING ROAD FACILITY HAS SINCE BEEN REPLACED BY THE DOS RIOS FACILITY. * THE CITY WAS REQUIRED BY ITS NPDES PERMITS, ATTACHED AS EXHIBIT A, TO DEVELOP AND SUBMIT TO EPA AN APPROVABLE PRE- TREATMENT PROGRAM BY AUG 31, 1982. THE CITY FAILED TO MEET THIS DEADLINE. AN AO VI-84-925 WAS ISSUED ON MARCH 28, 1984, REQUIRING THE SUBMITTAL OF AN APPROVABLE PROGRAM BY MAY 1, 1984. THE CITY ULTIMATELY DEVELOPED A PRETREAT- MENT PROGRAM WHICH WAS APPROVED BY THE EPA AND BECAME EFFEC- TIVE ON FEB 15, 1985, GIVING THE CITY THE AUTHORITY TO ENFORCE, AMONG OTHER THINGS, FEDERAL PRETREATMENT REGULA- TIONS FOR CATEGORICAL INDUSTRIAL USERS IN SAN ANTONIO. NPDES PERMIT NO. TX0052639 WAS REISSUED ON FEB 14, 1985 TO THE LEON CREEK FACILITY TO INCORPORATE THE APPROVED PRE- TREATMENT PROGRAM. * THE CITY HAS CONTINUED TO VIOLATE THE TERMS OF THE NPDES PERMITS, AND HAS FAILED TO IMPLEMENT THE GENERAL PRETREAT- MENT REGULATIONS IN 40 CFR SECTION 403. THE CITY HAS FAILED TO LIMIT CONTRIBUTIONS FROM ITS MAJOR INDUSTRIAL USERS. THE CITY HAS THEREFORE VIOLATED SECTIONS 301, 307D AND 309A3F, OF THE CWA, 33 USC SECTIONS 1311, 1317D, AND 1319A3F, AND 40 CFR PART 403. * SINCE ITS APPROVAL, THE CITY'S PRETREATMENT PROGRAM HAS BEEN INSPECTED OR AUDITED THREE TIMES. THE FIRST INSPEC- TION TOOK PLACE ON JULY 9, 1985 AND NOTED MAJOR DEFICIENCIES IN PERMITTING, MONITORING, INSPECTING, RECORDKEEPING, EN- FORCEMENT AND LOCAL LIMIT DEVELOPMENT. THE CITY'S FAILURE TO TAKE FORMAL AND TIMELY ENFORCEMENT ACTION AGAINST ALL SIGNIFICANTLY VIOLATING IU'S IS A VIOLATION OF THE NPDES PERMIT REQUIREMENTS AND RESULTED IN THE ISSUANCE OF AO NO. VI-86-900 ON NOV 25, 1985. THE AO REQUIRED THE CITY TO PERIODICALLY SUBMIT INFLUENT, EFFLUENT AND SLUDGE ANALYSES OF POTENTIALLY TOXIC POLLU

Defendants (2)

• SAN ANTONIO, CITY OFNamed in complaintNamed in settlement
• TEXAS, STATE OFNamed in complaintNamed in settlement

Facilities (1)

• SAN ANTONIO CITY OF

  MILITARY PLAZA, SAN ANTONIO, TX, 78285

  Registry ID: 110010757546

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 307D — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• SAN ANTONIO, CITY OFentered 1989-12-15

  Primary law: CWA

  Federal penalty: $225,000

Timeline (7 milestones)

• 1988-07-29Enforcement Action Data Entered
• 1988-09-30Referred To Dept Of Justice
• 1989-12-15Final Order Lodged
• 1989-12-15Final Order Entered
• 1989-12-15Complaint Filed With Court
• 1989-12-15Concluded
• 1993-08-03Enforcement Action Closed