EPA v. NOEL WATER CO

Case summary

THIS IS A PROPOSED ACTION FOR INJUNCTIVE RELIEF AND STIPU- LATED PENALTIES PURSUANT TO SEC309 OF THE CLEAN WATER ACT AGAINST NOEL WATER COMPANY, A MISSOURI CORPORATION WHICH OPERATES A LAGOON FOR THE TREATMENT OF LIQUID WASTES FROM SEVERAL FAMILIES AND FROM A FIRM WHICH PROCESSES IN EXCESS OF 100,000 CHICKENS PER DAY. NOEL WATER COMPANY IS BEING REFERRED FOR ITS CONTINUING FAILURE TO COME INTO COMPLIANCE WITH THE FINAL EFFLUENT LIMITS IN EITHER ITS EPA OR MISSOURI ISSUED NPDES PERMITS. PRIOR TO REFERRAL THE COMPANY AND THE STATE OF MISSOURI ENTERED INTO A CONSENT ORDER WHICH REQUIRED COMPLIANCE BY NOVEMBER 1,1978. NOEL PERFORMED SOME CONSTRUCTION BUT FAILED TO COMPLY WITH THE ORDER. A NOTICE OF VIOLATION ISSUED BY REGION VII IN APRIL 1980, SIMILARLY FAILED TO RESULT IN COMPLIANCE. RECENTLY NOEL DID OFFER A REPORT SUGGESTING CORRECTIVE ACTION, HOWEVER, STATE ENGINEERS BELIEVE THAT THE PROPOSALS WILL BE INSUFFICIENT TO ATTAIN COMPLIANCE AND HAVE ASKED REGION VII TO TAKE ACTIONS.

Defendants (1)

• NOEL WATER COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• NOEL WATER CO

  OFF CO RD DD, NOEL, MO, 64854

  Registry ID: 110010748307

Statutes cited

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

Enforcement conclusions (1)

• NOEL WATER COentered 1983-10-08

  Primary law: CWA

  Federal penalty: $5,000

Timeline (8 milestones)

• 1982-03-05Referred To Headquarters
• 1982-03-15Referred To Dept Of Justice
• 1983-07-21Referred TO U.S. Attorney
• 1983-07-25Complaint Filed With Court
• 1983-10-08Final Order Lodged
• 1983-10-08Final Order Entered
• 1983-10-08Concluded
• 1985-07-12Enforcement Action Closed