EPA v. SHEESLEY PLUMBING & HEATING CO.

Case summary

THIS IS A CIVIL ACTION AGAINST THE SHEESLEY PLUMBING AND HEATING CO, PURSUANT TO SECTIONS 301 & 309 OF THE CWA, 33 USC 1311 AND 1319, FOR AN UNAUTHORIZED DISCHARGE OF A WASTE CHLORINE SOLUTION INTO THE WATERS OF RAPID CREEK, IN RAPID CITY, SOUTH DAKOTA. SHEESLEY WAS THE PLUMBING CONTRACTOR FOR AN EXPANSION OF THE RAPID CITY CIVIC CENTER. ON OR ABOUT 8/2/83, SHEESLEY COMPLETED CONSTRUCTION OF A NEW 1000 FOOT SECTION OF A 24 WATER MAIN AROUND THE EAST SIDE OF THE CIVIC CENTER. A CITY ORDINANCE REQUIRED THAT THE MAIN BE DISINFECTED AND PRESSURE TESTED BEFORE IT WAS PLACED INTO SERVICE. TO DO THIS, THE MAIN WAS FILLED WITH A CHLORINE SOLUTION (100 PPM) UNDER PRESSURE. THE CAPACITY OF THE LINE WAS CALCULATED TO BE 23,500 GALLONS. ON 8/3/83, STARTING AT ABOUT 4:00 P.M., THE WASTE CHLORINE SOLUTION WAS RELEASED FROM THE WATER MAIN INTO A CONSTRUC- TION DITCH. THE WASTE SOLUTION WAS THEN PUMPTED OUT OF THE DITCH ONTO THE SURFACE OF THE PARKING LOT. THE PARKING LOT WAS DRAINED BY STORM SEWERS THAT DISCHARGE DIRECTLY TO RAPID CREEK, ABOUT 300 YARDS SOUTHEAST OF THE CIVIC CENTER. THE DISCHARGE RESULTED IN THE DEATH OF AN ESTIMATED 5000 FISH, INCLUDING 2000 BROWN TROUT. ON 10/19/83, THE STATE OF SOUTH DAKOTA SETTLED ITS CASE AGAINST SHEESLEY FOR $4,000: $3,000 IN DAMAGES AND A $1,000 CIVIL PENALTY.

Defendants (1)

• SHEESLEY PLUMBING & HEATING CONamed in complaintNamed in settlement

Facilities (1)

• SHEESLEY PLUMBING & HEATING CO

  EAST SIDE OF 5TH ST BRIDGE, RAPID CITY, SD, 57701

  Registry ID: 110010668777

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• SHEESLEY PLUMBING & HEATING CO.entered 1984-09-03

  Primary law: CWA

  Federal penalty: $5,000

Timeline (7 milestones)

• 1983-12-15Referred To Dept Of Justice
• 1984-02-09Referred TO U.S. Attorney
• 1984-02-14Complaint Filed With Court
• 1984-09-03Final Order Lodged
• 1984-09-03Final Order Entered
• 1984-09-03Concluded
• 1984-09-04Enforcement Action Closed