EPA v. City of Dupree

Case summary

The National Pollutant Discharge Elimination System (NPDES) Consent Agreement settles an Administrative Penalty Order (APO) against the City of Dupree, South Dakota. In the APO, filed September 29, 2011, EPA Region 8 proposed a penalty based on the City’s failure to properly operate and maintain a lift station at its wastewater treatment facility resulting in a sanitary sewer overflow (SSO) for 122 days. The SSO discharged untreated sewage into Bear Creek, which flows north into the Moreau River before entering the Missouri River. The APO also addressed a failure to properly monitor wastewater discharge events in June and August 2011. Following an ability-to-pay analysis by EPA, the penalty was reduced. The City is located within the exterior boundaries of the Cheyenne River Sioux Indian Reservation subject to the NPDES General Permit for Wastewater Lagoons in Indian Country. The City wastewater treatment facility is not owned or managed by the Cheyenne River Sioux Tribe.

Defendants (1)

• City of DupreeNamed in complaintNamed in settlement

Facilities (1)

• DUPREE WASTEWATER TREATMENT FACILITY

  NE4 OF NW4 OF 30-13N 21E TWP13 RANGE 21E, DUPREE, SD, 57623

  Registry ID: 110010692553

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• City of Dupreeentered 2013-07-15

  Primary law: CWA

  Federal penalty: $3,000

Timeline (5 milestones)

• 2011-09-30Complaint Filed/Proposed Order
• 2011-10-03Enforcement Action Data Entered
• 2013-07-15Final Order Issued
• 2014-03-07NPDES Closed
• 2014-03-07Enforcement Action Closed