EPA v. SEWERAGE AND WATER BOARD OF NEW ORLEANS

Case summary

ON DECEMBER 23, 1992 EPA REGION 6 SUBMITTED A DIRECT REFERRAL PROPOSING CIVIL JUDICIAL ACTION TO THE DEPARTMENT OF JUSTICE PRESENTING EVIDENCE THAT THE SEWERAGE AND WATER BOARD OF NEW ORLEANS (THE BOARD) VIOLATED THE CLEAN WATER ACT SECTIONS 301 AND 402, 33 U.S.C. 1311 AND 1342, BY FAILING TO COMPLY WITH CERTAIN PROVISIONS SET FORTH IN A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT ISSUED BY REGION 6 AUTHORIZING DISCHARGES FROM THE BOARD'S EAST BANK SEWERAGE WASTEWATER TREATMENT PLANT (EAST BANK PLANT), A POTW (PUBLICLY OWNED TREATMENT WORKS) SERVICING NEW ORLEANS AND SURROUNDING AREAS. SPECIFICALLY, THE BOARD FAILED TO PROPERLY MAINTAIN AND OPERATE THE EQUIPMENT NECESSARY FOR COMPLIANCE THEREBY CAUSING THE VIOLATIONS OF CERTAIN EFFLUENT LIMITATIONS PROVIDED IN THE NPDES PERMIT. ADDITIONALLY, ILLEGAL BYPASSES WERE RE- PORTED TO AND OBSERVED BY EPA AND THE STATE. THE BOARD, THEREFORE, IS SUBJECT TO CIVIL PENALTIES AND POTENTIALLY MAY BE SUBJECT TO INJUNCTIVE RELIEF PURSUANT TO SECTIONS 309B AND D OF THE ACT, 33 U.S.C. 1319(B) AND (D). * THE EAST BANK PLANT IS CURRENTLY OPERATING PURSUANT TO NPDES PERMIT NO. LA0038091 ISSUED BY REGION 6 TO THE BOARD ON JUNE 16, 1989, AND EFFECTIVE ON JULY 17, 1989 (THE PERMIT). THE PERMIT ALLOWS THE BOARD TO DISCHARGE WASTEWATER FROM THE EAST BANK PLANT DIRECTLY INTO THE MISSISSIPPI RIVER IN ACCORDANCE WITH CERTAIN EFFLUENT LIMITATIONS FOR TOTAL SUSPENDED SOLIDS (TSS), BIOCHEMICAL OXYGEN DEMAND (BOD) AND FECAL COLIFORM BACTERIA (FC). * AT VARIOUS TIMES FROM SEPTEMBER 1990 TO JULY 1992, THE BOARD FAILED TO COMPLY WITH THE EFFLUENT LIMITATIONS OF THE PERMIT. SINCE SEPTEMBER 1990, THE BOARD CONTINUALLY EXCEEDED THE PERMIT EFFLUENT LIMITATIONS FOR TSS, AND OCCASIONALLY, THE BOARD FAILED TO MEET OR COMPLY WITH THE EFFLUENT LIMITATIONS FOR BOD AND FC. REGION 6 BELIEVES THAT THE EXCEEDANCES OF THE LIMITS AROSE DIRECTLY FROM THE POOR OPERATION AND MAINTENANCE OF EQUIPMENT AT THE EAST BANK PLANT. MORE SPECIFICALLY, THE PROTRACTED PARTIAL AND TOTAL BREAKDOWN OF TWO MAIN SLUDGE DEWATERING AND INCINERATION SYSTEMS AT THE EAST BANK BLANT, THE MULTIPLE HEARTH FURNACE AND THE FLUIDIZED BED INCINERATOR, LEAD TO THE BOARD'S VIOLATIONS OF THE PERMIT. ADDITIONALLY, EPA HAS EVIDENCE OF ILLEGAL BY PASSES AND OTHER UNAUTHORIZED DISCHARGES. * * CONSEQUENTLY, REGION 6 ISSUED FIVE ADMINISTRATIVE ORDERS FINDING THE BOARD IN VIOLATION OF THE PERMIT AND ORDERING THE BOARD TO TAKE THE ACTIONS NECESSARY TO ACHIEVE COMPLIANCE. THE MOST RECENT ORDER ISSUED TO THE BOARD, PROVIDED THE BOARD A SCHEDULE FOR THE COMPLETE REPAIR AND RESTORATION OF PLANT EQUIPMENT BY DECEMBER 31, 1992. BECAUSE THE BOARD'S VIOLATIONS CONTINUED FOR ALMOST TWO YEARS, REGION 6 PROPOSES TO TAKE CIVIL JUDICIAL ACTION TO RECOVER MONETARY PENALTIES FOR THE VIOLATIONS AND AN INJUNCTION SHOULD THE VIOLATIONS CONTINUE.

Defendants (1)

• SEWERAGE AND WATER BOARD OF NEW ORLEANSNamed in complaintNamed in settlement

Facilities (1)

• EAST BANK WASTEWATER TREATMENT PLANT

  6501 FLORIDA AVENUE, NEW ORLEANS, LA, 70117

  Registry ID: 110022408278

Statutes cited

• CWA 402 — Clean Water Act
• CAA 113 — Clean Air Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (3)

• SEWERAGE AND WATER BOARD OF NEW ORLEANSentered 2014-07-17

  Primary law: CWA

• SEWERAGE AND WATER BOARD OF NEW ORLEANSentered 2010-03-24

  Primary law: CWA

• SEWERAGE AND WATER BOARD OF NEW ORLEANSentered 1998-06-22

  Primary law: CWA

  Federal penalty: $1,500,000

Timeline (6 milestones)

• 1992-08-01Enforcement Action Data Entered
• 1992-12-23Referred To Dept Of Justice
• 1993-09-30Complaint Filed With Court
• 2013-02-22Final Order Lodged
• 2014-07-16Motion for Entry of CD
• 2014-07-17Final Order Entered