EPA v. FORT SMITH, THE CITY OF, AN ARKANSAS MUNICIPALITY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. THE CITY OF FORT SMITH, AN ARKANSAS MUNICIPALITY 13 NORTH P STREET FORT SMITH, SEBASTIAN COUNTY, ARKANSAS 72902 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY THE UNPERMITTED DISCHARGES OF UNTREATED WATERWATER FROM THE COLLECTION SYSTEM, FAILING TO REPORT THE QUALITY AND QUANTITY OF THE TOTAL AMOUNT OF WASTEWATER DISCHARGED FROM THE TREATMENT PLANT, INCLUDING BYPASSED FLOWS, AND FAILING TO MET THE CRITERIA SET BY THE PERMIT FOR BY- PASSES. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) TO THE RESPONDENT. THE AO ORDERED THE RESPONDENT TO: A) ACCOMPLISH THE TASKS AND COMPLY WITH THE SCHEDULE OF ACTIVITIES CONTAINED IN THE AO, B) REPORT COMPLIANCE OR NONCOMPLIANCE WITH THOSE REQUIREMENTS NO LATER THAN 14 DAYS FOLLOWING THE DATE OF A SPECIFIC ACTION, C) REPORT , ON THE DMR, DATA REPRE- SENTATIVE OF THE TOTAL DISCHARGE THROUGH OUTFALL 001, IN- CLUDING ANY AND ALL BYPASSED WASTEWATER, AND D) ALL OTHER TERMS AND CONDITIONS OF THE PERMIT ARE EFFECTIVE AS IS- SUED AND REQUIRE FULL COMPLIANCE.

Defendants (1)

• FORT SMITH, THE CITY OFNamed in settlement

Facilities (1)

• FORT SMITH P STREET WWTP

  13 NORTH P STREET, FORT SMITH, AR, 72901

  Registry ID: 110028248037

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• FORT SMITH, THE CITY OFentered 1999-01-21

  Primary law: CWA

Timeline (4 milestones)

• 1999-01-21Complaint Filed/Proposed Order
• 1999-01-21Final Order Issued
• 1999-01-29Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed