EPA v. NEW IBERIA, CITY OF

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. CITY OF NEW IBERIA, LUOISIANA PARKER STREET, 3.5 MILES EAST OF THE CITY NEW IBERIA, IBERIA PARISH, LOUISIANA 70560 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) DISCHARGING POLLUTANTS FROM THE FACILITY THAT EXCEEDED PERMITTED EFFLUENT LIMITATIONS, 2) FAILING TO MEET THE SCHEDULE FOR IMPROVEMENTS OF THE WASTEWATER TREATMENT PLANT AND ATTAIN COMPLIANCE WITH THE PERMIT, 3) ALLOWING NUMEROUS LEAKS OF UNTREATED AND PARTIALLY TREATED SEWAGE AT SEVERAL LOCATIONS, 4) INADEQUATE OPERATION AND MAIN- TENANCE OF THE FACILITY, 5) DISCHARGES OF SOLIDS FROM THE FACILITY, 6) INACCURATE CALIBRATIONS AND READINGS OF FLOW AND 7) AND BY ALLOWING UNAUTHORIZED BYPASSES/OVERFLOWS FROM THE FACILITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RESPOND- ENT TO: A) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE AO TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED, B) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED AND EXPLAINING WHY SUCH ACTIONS ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT RECURRENCE OF THE VIOLATIONS, C) IF THE PERMITTEE BELIEVES COMPLETE CORRECTION OF THE VIOLA- TIONS IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A SCHEDULE FOR ELIMINATION OF THE VIOLA- TIONS IN THE SHORTEST TIME POSSIBLE, AND D) WITHIN 45 DAYS OF THE AO, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• NEW IBERIA, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• NEW IBERIA CITY OF

  457 E MAIN ST ROOM 300, NEW IBERIA, LA, 70560

  Registry ID: 110010698183

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• NEW IBERIA, CITY OFentered 1997-11-28

  Primary law: CWA

Timeline (3 milestones)

• 1997-11-28Final Order Issued
• 1997-11-28Complaint Filed/Proposed Order
• 1998-01-07Enforcement Action Data Entered