EPA v. CITY OF POSTVILLE, IOWA

Case summary

ON APRIL 28, 2003, REGION 7 SIGNED A PACKAGE INCLUDING THREE REFERRALS FOR CWA PRETREATMENT VIOLATIONS PERTAINING TO THE CITY OF POSTVILLE, IOWA AND ITS TWO INDUSTRIAL CONTRIBUTORS, AGRIPROCESSORS, INC., AND IOWA TURKEY PRODUCTS. INC. � BOTH MEAT PROCESSING PLANTS. THE REFERRAL FOR AGRIPROCESSORS ALSO CONTAINS INFORMATION REGARDING VIOLATIONS OF EPCRA AND THE CAA FOR FAILURE TO PROVIDE LOCAL AND STATE AUTHORITIES WITH INFORMATION REGARDING THE USE OF ANHYDROUS AMMONIA AT THEIR FACILITY AND FOR FAILURE TO DEVELOP AND IMPLEMENT A RISK MANAGEMENT PLAN FOR ANHYDROUS AMMONIA. ON APRIL 28TH, REGION 7 ALSO RECEIVED A 60-DAY CITIZEN SUIT NOTICE LETTER FROM MIDWEST ENVIRONMENTAL ADVOCATES � ON BEHALF OF NORTHWEST IOWA CITIZENS FOR CLEAN WATER � INDICATING THAT IT INTENDS TO SUE THE CITY OF POSTVILLE AND AGRIPROCESSORS FOR CWA VIOLATIONS (SUBSTANTIALLY SIMILAR TO THE ONES IDENTIFIED IN EPA'S REFERRAL) AND FOR VIOLATIONS OF RCRA AND IOWA STATE LAW REGARDING IMPROPER LAND DISPOSAL OF PAUNCH WASTE. EPA INITIATED REVIEW OF THESE ENTITIES AFTER A RELEASE FROM THE CITY'S WASTEWATER TREATMENT LAGOONS RESULTED IN A FISH KILL. ACTIONS BY THE STATE SUBSEQUENT TO THAT EVENT HAD BEEN LARGELY INEFFECTIVE IN BRINGING THE TWO INDUSTRIES INTO COMPLIANCE WITH APPLICABLE PRETREATMENT STANDARDS OR IN FORCING THE CITY TO EFFECTIVELY ENFORCE THE PRETREATMENT STANDARDS AGAINST THE INDUSTRIES. THE REGION'S REFERRALS SEEK SIGNIFICANT PENALTIES TO DETER NONCOMPLIANCE AND RECAPTURE ECONOMIC BENEFIT. THE REFERRALS ALSO SEEK INJUNCTIVE RELIEF TO BRING THE FACILITIES INTO COMPLIANCE WITH THE EXISTING NPDES PERMIT AND PRETREATMENT STANDARDS AND TO CONSIDER ACTIONS THAT MAY BE NECESSARY AS THE STATE PROPOSES NEW NPDES PERMITS FOR SUBSTANTIAL OPERATIONAL CHANGES THAT ARE PLANNED FOR THESE FACILITIES.

Defendants (1)

• CITY OF POSTVILLE, IOWANamed in complaintNamed in settlement

Facilities (1)

• POSTVILLE CITY OF INDUSTRIAL FACILITY

  415 OAK DRIVE, POSTVILLE, IA, 52162

  Registry ID: 110010034266

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• CITY OF POSTVILLE, IOWAentered 2005-01-03

  Primary law: CWA

  Federal penalty: $40,000 · State/local: $10,000

Timeline (7 milestones)

• 2003-04-28Referred To Dept Of Justice
• 2003-07-08Enforcement Action Data Entered
• 2004-10-15Final Order Lodged
• 2004-10-15Complaint Filed With Court
• 2005-01-03Final Order Entered
• 2008-06-17Enforcement Action Closed
• 2008-06-17Pipeline Closed