EPA v. DUNCAN, CITY OF

Case summary

SYNOPSIS: * DUNCAN, OK IS A TOWN OF SLIGHTLY OVER 22,000 PEOPLE LOCATED IN SOUTH CENTRAL OK ALONG THE EAST BANK OF CLARIDY CREEK IN THE SW 1/4 OF SECTION 20, TOWNSHIP 1S, RANGE 7W. THE CITY OWNS AND OPERATES A WASTEWATER TREATMENT PLANT WITH A DESIGN CAPACITY OF 3.5 MGD. THIS POTW PRESENTLY TREATS INDUSTRIAL DISCHARGES AND HAS AN EPA-APPROVED PRETREATEMENT PROGRAM. ITS HYDRAULIC AND ORGANIC LOADINGS HAVE BEEN GREATLY REDUCED IN RECENT YEARS, PRIMARILY BECAUSE OF THE LOSS OF MAJOR IN- DUSTRIES FROM THE AREA AND THE SYSTEM. CURRENT DAILY FLOWS AVERAGE 2.3 MGD. * DISCHARGES FROM THIS POTW ARE SUBJECT TO NPDES PERMIT NO. OK0026638. THIE EPA-ISSUED PERMIT BECAMUE EFFECTIVE ON AUG 30, 1986, AND WILL EXPIRE AT MIDNIGHT ON AUG 29, 1991. IT AUTHORIZES THE DISCHARGE OF TREATED WASTEWATER FROM THE POTW TO CLARIDY CREEK, TRIBUTARY TO COW CREEK, TRIBUTARY TO BEAVER CREEK, TRIBUTURARY TO THE RED RIVER, DURING THE MONTHS OF NOV THROUGH MAY. THE PERMIT PROHIBITS THE DIS- CHARGE OF EFFLUENT FROM JUNE TO OCTOBER, HOWEVER, THE SUMMER TIME MONTHS WHEN CLARIDY CREEK'S FLOW IS RELATIVELY LOW. * DISHCHARGES FROM THE POTW HAVE VIOLATED THE FINAL EFFLUENT LIMITS OF THE CITY'S NPDES PERMIT AND INTERIM EFFLUENT LIMITS OF EPA ISSUED AOS. THE CITY HAS VIOLATED COMPLIANCE SCHEDULES CONTAINED IN THOSE AOS. THE POTW IS NOW IN COM- PLIANCE WITH THE PERMIT'S NOV-MAY LIMITS. THE CITY IS MORE- OVER CONSTRUCTING A LAND APPLICATION TREATMENT SYSTEM WHICH, WHEN COMPLETE, WILL ALLOW IT TO COMPLY WITH THE PERMIT'S JUNE-OCTOBER DISCHARGE PROHIBITION. WHETHER OR NOT THE SYSTEM WILL BE OPERATIONAL BY JUNE 1, 1989 IS UNKNOWN, HOWEVER. * EPA REGION NO REQUESTS THAT A CIVIL ACTION BE FILED AGAINST THE CITY, SEEKING CIVIL PENALTIES OF FOR VIOLATIONS WHICH HAVE OCCURRED SINCE JUNE 1, 1984 AND AN INJUNCTION REQUIRING THE CITY TO COMPLY WITH THE PERMIT'S SUMMERTIME 'NO DIS- CHARGE' LIMITATION AS SOON AS POSSIBLE.

Defendants (1)

• DUNCAN, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• DUNCAN CITY OF

  ROUTE 4, BOX 241 F-1, DUNCAN, OK, 73533

  Registry ID: 110010723789

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DUNCAN, CITY OFentered 1992-02-10

  Primary law: CWA

  Federal penalty: $45,000

Timeline (8 milestones)

• 1988-08-16Enforcement Action Data Entered
• 1988-12-30Referred To Dept Of Justice
• 1992-02-05Referred TO U.S. Attorney
• 1992-02-05Complaint Filed With Court
• 1992-02-10Concluded
• 1992-02-10Final Order Lodged
• 1992-02-10Final Order Entered
• 1992-03-09Enforcement Action Closed