EPA v. CENTRAL VALLEY

Case summary

VIOLATIONS UPON WHICH THE ACTION IS BASED: VIOLATION OF EPA'S 40 CFR PART 403 REGULATIONS AND ADMINISTRATIVE ORDER DOCKET NO. 85-15. PROPOSED RELIEF TO BE SOUGHT, INCLUDING INJUNCTION, AND PROPOSED AMOUNT OF PENALTY TO BE SOUGHT AT SETTLEMENT, IF APPLICABLE (PARTS (A) THROUGH (E), BY 5 FACILITY SITES): INJUNCTIVE RELIEF: (A) PLACING CENTRAL VALLEY RFB COTTON ON A COURT-ORDERED FIXED-DATE COMPLIANCE SCHEDULE TO ACHIEVE APPLICABLE WATER QUALITY BASED EFFLUENT STANDARDS BY THE 7/01/88, STATUTORY DATE. PLACING CENTRAL VALLEY ON A COURT-ENFORCEABLE COMPLIANCE SCHEDULE TO ADOPT, IMPLEMENT, AND PLACE IN OPERATION, AS SOON AS POSSIBLE, A PRETREATMENT PROGRAM COVERING IT ENTIRE SERVICE AREA. (NPDES: UT0021709). WITH STIPULATED PENALTIES IN THE EVENT THAT CENTRAL VALLEY FAILS TO COMPLY WITH THE MILESTONES IN EITHER COMPLIANCE SCHEDULE. ADDITIONALLY, WE PROPOSE A CIVIL PENALTY FOR SETTLEMENT OF $109,100 FOR PAST PERMIT AND AO VIOLATIONS, AS DETERMINED BY THE AGENCY'S CIVIL PENALTY POLICY. (B) (1)REQUIRE CENTRAL VALLEY-COTTONWOOD TO CEASE ITS DIS CHARGES TO WATERS OF THE UNITED STATES AS SOON AS POSSIBLE, BUT IN NO EVENT LATER THAN JULY 1, 1988; (2)REQUIRE THE FA- CILITY TO ENTER INTO AN AGREEMENT WITH THE REGIONAL TREAT- MENT FACILITY BOARD WHICH WOULD ALLOW THE BOARD TO VICARIOUS LY ENFORCE A PRETREATMENT PROGRAM AGAINST THE INDUSTRIAL USERS OF ITS SYSTEM. A CIVIL PENALTY IN THE AMOUNT OF $289,400 FOR SETTLEMENT FOR PAST PERMIT AND A.O. VIOLATIONS AS DETERMINED BY THE AGENCY'S PENALTY POLICY . (C) PLACE GRANGER-HUNTER ON A COURT ENFORCEABLE FIXED DATE SCHEDULE TO ACHIEVE NO DISCHARGE AS SOON AS POSSIBLE, BUT IN NO EVENT LATER THAN 1 JULY 1988, THAT THE PLANT IS STILL DISCHARGING. ADDITIONALLY, WE PROPOSE A CIVIL PENALTY FOR SETTLEMENT OF $198,000 FOR PAST PERMIT AND AO VIOLATIONS, AS DETER- MINED BY THE AGENCY'S 'CIVIL PENALTY POLICY'. (D) (1)RQUIRE SOUTH SALT LAKE TO CEASE ITS DOISCHARGES TO WATERS OF THE UNITED STATES, AS SOON AS POSSIBLE, BUT IN IN ANY EVENT, NO LATER THAN 1 JULY 1988; (2)REQUIRE SOUTH SALT LAKE TO ENTER INTO AN AGREEMENT WITH THE CENTRAL VALLEY BOARD WHICH WOULD ALLOW THW BOARD TO ENFORCE A PRETRAETMENT PROGRAM AGAINST THE INDUSTRIAL USERS ON THEIR SYSTEM. WE PROPOSE A CIVIL PENALTY AT SETTLEMENT FOR PAST PERMIT & AO VIOLATIONS OF $12,780 AS DETERMINED BY EPA'S CIVIL PENALTY POLICY. (E) (1)REQUIRE CENTRAL VALLEY-MURRAY TO CEASE ITS DIS- CHARGES TO WATERS OF THE UNITED STATES AS SOON AS POSSIBLE, BUT IN ANY EVENT, NO LATER THAN 1 JULY 1988; (2)REQUIRE CEN- TRAL VALLEY-MURRAY TO ENTER INTO AN AGREEMENT WITH THE CEN- TRAL VALLEY WATER RECLAMATION FACILITY BOARD WHICH WOULD ALLOW THE BOARD TO ENFORCE A PRETREATMENT PROGRAM AGAINST THE INDUSTRIAL USERS ON THEIR SYSTEM. WE PROPOSE A CIVIL PENALTY AT SETTLEMENT FOR PAST AO AND PERMIT VIOLATIONS OF $41,400, AS DETERMINED BY EPA'S CIVIL PENALTY POLICY .

Defendants (9)

• SALT LAKE, CITY OFNamed in complaintNamed in settlement
• TAYLORSVILLE - BENION INPROVEMENT DIST.Named in complaintNamed in settlement
• UTAH, STATE OFNamed in complaintNamed in settlement
• CENTRAL VALLEY WATER RECLAM FACILITY BRDNamed in complaintNamed in settlement
• GRANGER HUNTER IMPROVEMENT DISTRICTNamed in complaintNamed in settlement
• KEARNES IMPROVEMENT DIST.Named in complaintNamed in settlement
• MURRAY CITY CORP.Named in complaintNamed in settlement
• SALT LAKE CITY SUB. SAN DIST. NO.1Named in complaintNamed in settlement
• SALT LAKE COUNTY COTTONWOOD SAN. DISTRCTNamed in complaintNamed in settlement

Facilities (1)

• CENTRAL VALLEY WTR RFB COTTON

  4150 SOUTH 500 WEST, SALT LAKE CITY, UT, 84120

  Registry ID: 110010669053

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit
• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• CENTRAL VALLEYentered 1988-07-15

  Primary law: CWA

  Federal penalty: $450,000

Timeline (7 milestones)

• 1985-12-31Referred To Headquarters
• 1986-01-28Referred To Dept Of Justice
• 1986-06-18Complaint Filed With Court
• 1988-07-15Concluded
• 1988-07-15Final Order Lodged
• 1988-07-15Final Order Entered
• 1991-12-17Enforcement Action Closed