EPA v. CITY OF WEST POINT

Case summary

RESPONDENT VIOLATED THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS ISSUED TO THE CITY BY THE NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY (NDEQ), PURSUANT TO SECTION 402 OF THE CLEAN WATER ACT (?THE ACT? OR ?CWA?), 33 U.S.C. ? 1342. THIS REFERRAL ALSO RECOMMENDS THAT CLAIMS BE FILED AGAINST TWO FACILITIES THAT ARE USERS OF THE CITY?S PUBLICALLY OWNED TREATMENT WORKS (POTW) FOR VIOLATIONS OF SECTION 307 OF THE CWA, 33 U.S.C. 1317 AND 40 C.F.R. PART 403 (?THE GENERAL PRETREATMENT REGULATIONS?). CONTINUED IN SENSITIVE COMMENT AREA---

Defendants (5)

• WIMMER'S MEAT PRODUCTS, INCNamed in settlement
• WEST POINT DAIRY PRODUCTS, LLCNamed in settlement
• MARK PECKHAMNamed in settlement
• PECKHAM, INCNamed in settlement
• CITY OF WEST POINTNamed in complaintNamed in settlement

Facilities (1)

• WEST POINT DAIRY PRODUCTS

  300 BUTTERFIELD, WEST POINT, NE, 68788

  Registry ID: 110027380572

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (4)

• CITY OF WEST POINTentered 2009-10-15

  Primary law: CWA

  Federal penalty: $100,000 · State/local: $100,000

• WIMMERS MEAT PRODUCTSentered 2010-01-07

  Primary law: CWA

  Federal penalty: $77,500 · State/local: $77,500

• WEST POINT DAIRY PRODUCTS LLCentered 2009-08-27

  Primary law: CWA

  Federal penalty: $75,000 · State/local: $75,000

• MARK BECKHAM AND PECKHAM, INCentered 2010-05-19

  Primary law: CWA

  Federal penalty: $175,000 · State/local: $87,500

Timeline (8 milestones)

• 2007-09-28Referred To Dept Of Justice
• 2007-10-02Enforcement Action Data Entered
• 2008-12-01Amended Complaint
• 2009-06-12Complaint Filed With Court
• 2010-02-16Final Order Lodged
• 2010-05-19Final Order Entered
• 2010-11-18Enforcement Action Closed
• 2010-11-18Pipeline Closed