EPA v. OKLAHOMA ORDNANCE WORKS AUTHORITY

Case summary

OKLAHOMA ORDNANCE WORKS AUTHORITY (OOWA) IS A PUBLIC TRUST WHICH OPERATES A PUBLICLY OWNED TREATMENT WORKS (POTW) LOCATED IN AN INDUSTRIAL PARK COMMONLY KNOWN AS THE MID-AMERICA INDUSTRIAL DISTRICT IN PRYOR, OKLAHOMA. THIS ACTION IS BROUGHT AGAINST OOWA FOR EFFLUENT VIOLATIONS FROM JANUARY 1986 TO MARCH 1991; FAILURE TO SUBMIT A PERMIT APPLICATION 180 DAYS PRIOR TO THE EXPIRATION DATE OFO THE EFFECTIVE PERMIT; FAILURE TO DEVELOP AND COMPLETE IMPLEMENTATION OF A PRETREATMENT PROGRA; AND, FAILURE TO COMPLETE REVISION AND ISSUANCE OF INDUSTRIAL USER CONTRACTS AS REQUIRED. DEFENDANT'S EFFLUENT VIOLATIONS INCLUDE THE POLLUTANTS EXCEEDANCE OF THE PARAMETERS FOR BIOCHEMICAL OXYGEN DEMAND AND TOTAL SUSPENDED SOLIDS. DURING NOVEMBER 1990, THE EPA RECEIVED A CITIZEN COMPLAINT CONCERNING THE DISCHARGE OF TOXIC ORGANICS AND METALS INTO THE CHOUTEAU CREEK AND NEOSHO RIVER FROM THE OOWA WASTEWATER TREATMENT PLANTS. ON DECEMBER 12, 1990, EPA PERFORMED A JOINT COMPLIANCE INSPECTION, ALL AREAS EVALUATED WERE UNSATISFACTORY (PERMIT, RECORDS/REPORTS, FACILITY SITE REVIEW, FLOW MEASUREMENT, LABORATORY, EFFLUENT, COMPLIANCE SCHEDULE, SELF-MONITORING, O&M, AND SLUDGE). IN ADDITION, IT WAS DISCOVERED THAT THE DEFENDANT FAILED TO DEVELOP AND IMPLEMENT AN INDUSTRIAL PRETREATMENT PROGRAM, AND ISSUE REVISED INDUSTRIAL USER CONTRACTS AS REQUIRED. ON MAY 1, 1967, OOWA WAS AWARDED A PUBLIC LAW 660 GRANT TO BUILD A WASTEWATER TREATMENT SYSTEM. THE PROJECT WAS COMPLETED ON AUGUST 13, 1968, AND THE GRANT FOR $180,170 WAS CLOSED OUT IN 1971. THE OOWA OPERATES TWO WASTEWATER TREATMENT PLANTS, WEST SIDE PLANT (OUTFALL 001) AND EAST SIDE PLANT (OUTFALL 002). OOWA WAS REISSUED A NPDES PERMIT ON JUNE 13, 1986, WITH AN EXPIRATION DATE OF OCTOBER 15, 1989. IN RESPONSE TO EPA AO, OOWA SUBMITTED A COMPREHENSIVE PLAN OF ACTION (AUGUST 24, 1989) DETAILING HOW THEY WERE GOING TO ELIMINATE AND PREVENT RECURRENCE OF EFFLUENT VIOLATIONS AT OUTFALLS 001 AND 002. ACCORDING TO OOWA, THESE EFFLULENT VIOLATIONS WERE CAUSED BY THEIR IU'S. TO ELIMINATE AND PREVENT THESE VIOLATIONS FROM RECURRENCE, OOWA STATED THAT THEY WOULD DEVELOP AND IMPLEMENT USER CONTRACTS. OOWA FAILED TO DEVELOP AND IMPLEMENT AN INDUSTRIAL PRETREATMENT PROGRAM AND ISSUE REVISED IN- DUSTRIAL USER CONTRACTS AS REQUIRED. THIS ACTION SEEKS REMEDIAL ACTION AND CIVIL PENALTIES. PROPOSED RELIEF OF MINIMUM CIVIL PENALTIES IN THE AMOUNT OF $320,021. PERMIT NO. OK0000680.

Defendants (2)

• OKLAHOMA ORDNANCE WORKS AUTHORITYNamed in complaintNamed in settlement
• STATE OF OKLAHOMA

Facilities (1)

• OKLAHOMA ORDNANCE WORKS AUTHORITY

  HWY69A & HUNT STREET, PRYOR, OK, 74362

  Registry ID: 110009343335

Statutes cited

• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• OKLAHOMA ORDANCE WORKS AUTHORIentered 1994-03-31

  Primary law: CWA

  Federal penalty: $750,000

Timeline (10 milestones)

• 1991-08-29Enforcement Action Data Entered
• 1991-09-27Referred To Dept Of Justice
• 1992-07-08Returned To Region
• 1993-06-01Rereferred
• 1993-10-22Referred TO U.S. Attorney
• 1993-10-29Complaint Filed With Court
• 1994-03-31Final Order Lodged
• 1994-03-31Final Order Entered
• 1994-03-31Concluded
• 1995-05-17Enforcement Action Closed