EPA v. FORT MORGAN, CITY OF--& STATE OF COLORADO

Case summary

THE PROPOSED DEFENDANT, THE CITY OF FORT MORGAN, COLORADO, OWNS AND OPERATES A WASTEWATER TREATMENT PLANT WHICH DISCHARGES INTO THE SOUTH PLATTE RIVER. WE BELIEVE THAT THE CITY HAS FAILED TO PROPERLY ENFORCE AND IMPLEMENT ITS PRETREATMENT PROGRAM SINCE ITS APPROVAL BY EPA IN AUGUST, 1985. WE HAVE CALCULATED A BOTTOM LINE SETTLEMENT FIGURE OF $194,000. THE ECONOMIC BENEFIT PORTION OF THIS PENALTY IS ESTIMATED AT $65,000. A SUBSTANTIAL PORTION OF THE CITY'S LIABILITY RESTS UPON ITS FAILURE TO ENFORCE AGAINST EXCEL CORPORATION FOR INCREASED DISCHARGE OF HIGH-STRENGTH WASTES SUCH THAT THE FACILITY EXPERIENCED PASS THROUGH AND INTERFERENCE AND VIOLATED ITS NPDES PERMIT. PENDING FURTHER INFORMATION FROM RESPONSES TO 308 INFORMATION REQUESTS PROBING THE NATURE OF EXCEL'S RELATIONSHIP WITH THE CITY, THE REGION PLANS TO INITIATE A SIMILAR ENFORCEMENT ACTION AGAINST EXCEL. HOWEVER, THIS SHOULD NOT AFFECT THE PRESENT ACTION AGAINST THE CITY.

Defendants (1)

• CITY OF FORT MORGAN, COLORADONamed in complaintNamed in settlement

Facilities (1)

• CITY OF FORT MORGAN WWTP

  1600 MAIN STREET, FORT MORGAN, CO, 80701

  Registry ID: 110010670611

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• CITY OF FORT MORGANentered 1995-05-31

  Primary law: CWA

  Federal penalty: $268,000

Timeline (9 milestones)

• 1991-07-17Enforcement Action Data Entered
• 1992-08-14Referred To Headquarters
• 1993-03-24Referred To Dept Of Justice
• 1994-02-28Referred TO U.S. Attorney
• 1994-03-02Complaint Filed With Court
• 1995-05-31Enforcement Action Closed
• 1995-05-31Final Order Lodged
• 1995-05-31Final Order Entered
• 1995-05-31Concluded