EPA v. DENVER WATER BOARD/CITY AND COUNTY OF DENVER

Case summary

THIS CASE IS BEING REFERRED BECAUSE OF THE LENGTH AND EXTENT OF THE CWA VIOLATIONS; THE DECISION BY EPA TO BRING THIS ACTION IN SPITE OF THE STATE OF COLORADO'S GRANTING OF IMMUNITY TO THE DEFENDANT UNDER ITS AUDIT/PRIVILEGED IMMUNITY STATUTE; AND THE LIKELIHOOD THAT THIS REFERRAL WILL BE AMENDED TO INCLUDED SIGNIFICANT RCRA VIOLATIONS WITHIN THE NEXT 3 MONTHS. AT THE FACILITY, THE DWB GENERATES WASTEWATER FROM VARIOUS INDUSTRIAL PROCESSES. THE INDUSTRIAL PROCESSES INCLUDE, BUT NOT LIMITED TO TESTING, PAINTING, AUTOMOTIVE MAINTENANCE, CARPENTRY, VEHICLE WASHING, AND HEAVY EQUIPMENT MAINTENANCE. THE WASTEWATER FROM THESE FACILITIES MAY CONTAIN CHLORINE, METALS AND VARIOUS ORGANICS. A MINIMUM PENALTY OF $186,849 WAS PROPOSED.

Defendants (1)

• DENVER WATER BOARDNamed in complaintNamed in settlement

Facilities (2)

• DENVER WATER DEPARTMENT - WESTSIDE

  1600 WEST 12TH AVENUE, DENVER, CO, 80204

  Registry ID: 110002963776

• DENVER WATER DEPARTMENT - WESTSIDE

  1600 WEST 12TH AVENUE, DENVER, CO, 80204

  Registry ID: 110002963776

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DENVER WATER BOARDentered 1999-07-06

  Primary law: CWA

  Federal penalty: $48,000 · SEP: $833,000

Timeline (6 milestones)

• 1997-09-30Referred To Dept Of Justice
• 1997-10-07Enforcement Action Data Entered
• 1999-06-21Complaint Filed With Court
• 1999-06-21Final Order Lodged
• 1999-07-06Final Order Entered
• 1999-09-28Concluded