EPA v. METROPOLITAN ST. LOUIS SEWER DISTRICT (MSD)

Case summary

FAILURE TO CONSTRUCT POTW'S TO MEET JULY 1, 1988 DEADLINES. VIOLATIONS: DISCHARGE W/O PERMIT - BISSELL POTW. ALL OTHER FACILITIES - PERMIT VIOLATIONS. LAWS/SECTIONS: CWA/33 U.S.C. SECTION 1311(B)(1)(B) CWA/33 U.S.C. SECTION 1319(C) CWA/33 U.S.C. SECTION 1319(E) CWA/33 U.S.C. SECTION 1342 01/29/84: NMP (NATIONAL MUNICIPAL POLICY) ISSUED. 04/11/84: ADMINISTRATIVE ORDER ISSUED. SIGNIFICANT RESOURCE IMPACT IF CASE IS LITIGATED OR POTEN- TIAL INTERVENORS PREVAIL IN ATTEMPT TO INTERVENE. 10/05/84: SUBMITTED MUNICIPAL COMPLIANCE PLAN COVERING CONSTRUCTION OF BISSELL POINT TREATMENT PLANT. SCHEDULE OF COMPLIANCE EXTENDS TO 1995. 03/01/85: MET WITH WATER MANAGEMENT DIVISION AND MSD, ST. LOUIS, MISSOURI, ON PROPOSED CONSTRUCTION SCHEDULE FOR TREATMENT AND CONVEYANCE PROJECTS IN MSD'S SEWER SERVICE AREA. 03/15/85: WATER MANAGEMENT DIVISION AND CNSL WILL MEET WITH MSD, AT 11:00 A.M. ON 03/29/85 ON TECHNICAL ASPECTS OF MSD'S PROPOSED SCHEDULE FOR COMPLETION OF BISSELL POINT PLANT AND ELIMINATION OF SEWER OVERFLOWS. 03/29/85: CNSL AND WATER MANAGEMENT DIVISION MET WITH MSD TO LISTEN TO THEIR UPDATE ON THE CURRENT STATUS OF WASTE- WATER PROJECTS IN MSD SERVICE AREA. 04/19/85: WATER MANAGEMENT DIVISION AND CNSL FORWARDED TO HEADQUARTERS TECHNICAL RATIONALE FOR CONSTRUCTION SCHEDULES FOR REMAINING ST. LOUIS, MISSOURI, MSD SEWAGE TREATMENT PROJECTS. THE REGION'S RECOMMENDED SCHEDULE ENDS IN 1991. ALL PROJECTS EXCEPT BISSELL POINT SEWAGE TREATMENT PLANT WILL BE COMPLETED BY 1988. THE OVERFLOW REGULATION STUDY IS INCLUDED IN THOSE PROJECTS TO BE COMPLETED BY 1988. THE OVERFLOW REGULATION STUDY PROJECTS ELIMINATE DRY WEATHER RAW SEWAGE BY-PASSES. CONSTRUCTION ON THE BISSELL POINT PROJECT BEGINS IN 1986 & CONTINUES UNTIL 1991 WITH SECONDARY LIMITS TO BE MET IN 1992. 08/09/85: AS A RESULT OF CONSULTATIONS WITH EPA'S CONTRACT TECHNICAL EXPERT, A LETTER WAS SENT TO MSD ADVISING THEM THAT EPA HAD RE-REVIEWED THEIR CONSTRUCTION SCHEDULE AND DETERMINED IT WAS UNACCEPTABLE BASED ON FEDERAL CRITERIA AND POLICY. THEY WERE REQUESTED TO RE-DO THEIR SCHEDULE BASED ON THESE CRITERIA AND RESUBMIT BY 09/09/85. 09/13/85: WE ARE IN DISCUSSIONS WITH MSD ON APPROPRIATE SCHEDULES FOR CONSTRUCTION OF THE BISSELL POINT PLANT AND OVERFLOW REGULATIONS SYSTEMS. MSD SUBMITTED NEW SCHEDULES WHICH ARE CURRENTLY UNDER REVIEW. 09/20/85: MSD HAS REQUESTED AN OPPORTUNITY TO PRESENT THEIR PLANS FOR A BOND ELECTION TO FINANCE IMPROVEMENTS NECESSARY TO COMPLY WITH THE CWA. A MEETING HAS BEEN SCHEDULED FOR OCT. 27, AT 9:00 A.M. IN THE REGIONAL OFFICE. 10/11/85: FIRST FORMAL NEGOTIATING SESSION ON CONSTRUCTION SCHEDULE WILL BE 10/23/85. 10/18/85: MEETING WITH MSD ON 10/23/85 AT 1:00 P.M. TO DIS- CUSS COMPLIANCE SCHEDULES FOR INCLUSION IN A CONSENT DECREE UNDER THE CWA. 10/25/85: MET WITH MSD TECHNICAL STAFF AND CONSULTANTS TO DISCUSS THEIR REVISED CONSTRUCTION SCHEDULE FOR THE BISSELL POINT PLANT AND OVERFLOW REGULATION SYSTEM PROJECTS. MR. JOE LAGNESE, EPA'S CONSTRUCTION EXPERT, SUGGESTED AN ALTERNATIVE SEQUENCING OF THE CONSTRUCTION WORK WHICH MAY SAVE MSD TIME. MSD WILL ANALYZE THIS PROPOSAL TO DETERMINE ITS FEASIBILITY GIVEN SITE CONSTRAINTS AND RESPOND BY NOV. 6, 1985. A MEET- ING WILL BE SCHEDULED SHORTLY THEREAFTER IF NECESSARY. EPA ALSO PRESENTED ITS SCHEDULE FOR PROCEEDING ON THIS CASE. IT IS EXPECTED THAT IF NO AGREEMENT IS REACHED ON CONSTRUCTION SCHEDULES BY DEC. 6, 1985, THE CASE

Defendants (2)

• METROPOLITAN ST. LOUIS SEWER DISTRICTNamed in complaintNamed in settlement
• MISSOURI, STATE OF

Facilities (23)

• METROPOLITAN SEWER DIST BARRETT STA

  2000 HAMPTON AVE, SAINT LOUIS, MO, 63139

  Registry ID: 110010662461

• ST LOUIS METRO SEWER DIST ST J

  13315 OLD JAMESTOWN RD, BLACK JACK, MO, 63033

  Registry ID: 110010748584

• MO SEWER DIST BARRETT ST SEWAG

  SE 1/4 SEC 32 T45N R5, ST LOUIS, MO, 63122

  Registry ID: 110010644865

• ST LOUIS METRO SEWER DIST TIMB

  MARSHALL RD, KIRKWOOD, MO, 63122

  Registry ID: 110010662498

• ST LOUIS METRO SEWER DIST SUNS

  NE 1/4 SE 1/4 SEC23 T44N R5E, SUNSET HILLS, MO, 63127

  Registry ID: 110010662504

• MSD COLDWATER CREEK WASTEWATER TREATMENT PLANT

  13798 OLD HALLS FERRY ROAD, FLORISSANT, MO, 630334109

  Registry ID: 110015852077

• ST LOUIS METRO SEWER DIST-BAUM

  5294 BAUMGARTNER, SAINT LOUIS, MO, 63129

  Registry ID: 110010292968

• ST LOUIS METRO SEWER DIST-BISS

  10 E GRAND, SAINT LOUIS, MO, 63147

  Registry ID: 110001452204

• ST LOUIS METRO SEWER DIST VALL

  NW 1/4 SE 1/4 SEC 20 T44N R5E, FENTON, MO, 63026

  Registry ID: 110010662470

• ST LOUIS METRO SEWER WINDSOR S

  NW 1/4 SEC 13 T44 R5, FENTON, MO, 63026

  Registry ID: 110010644892

• ST LOUIS METRO SEWER DIST-BONF

  2000 TAUSSIG RD, BRIDGETON, MO, 63044

  Registry ID: 110010748511

• ST LOUIS METRO SEWER DIST SPAN

  SE 1/4 NW 1/4 SEC 15 T47N R7E, SPANISH LAKE, MO, 63138

  Registry ID: 110010644883

• ST LOUIS METRO SEWER DIST-FENT

  E OF HWY 141 S OF GRAVOIS ST, FENTON, MO, 63026

  Registry ID: 110010748548

• METRO SEWER DIST CHESTERFILED

  N1/2 NW 1/4 SEC 12 T45N R4E, CHESTERFIELD, MO, 63017

  Registry ID: 110010748557

• ST LOUIS MSD TREE COURT IND CO

  TREE COURT DR, SAINT LOUIS, MO, 63112

  Registry ID: 110010781564

• …and 8 more

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• METROPOLITAN ST. LOUIS SEWER Dentered 1990-08-01

  Primary law: CWA

  Federal penalty: $100,000

Timeline (7 milestones)

• 1984-10-05Enforcement Action Data Entered
• 1986-05-14Referred To Dept Of Justice
• 1988-03-22Complaint Filed With Court
• 1990-08-01Final Order Lodged
• 1990-08-01Final Order Entered
• 1990-08-01Concluded
• 2003-04-29Enforcement Action Closed