EPA v. NORTHERN CHEYENNE UTILITIES COMMISSION

Case summary

The order is being issued for violations of the Act and NCUC?s NPDES permit at the Lame Deer Lagoon. The NCUC violated the Act by: 1) Discharging raw sewage to Lame Deer Creek from an overflowing sewer for months; 2) Repeatedly failing to monitor or report at least one permit-required effluent parameter; 3) Discharging raw partially treated wastewater to Lame Deer Creek from Lagoon cell 2; 4) Failing to comply with the NPDES permit compliance schedule to install effluent disinfection on the Lagoon discharge; 5) Failing to comply with NPDES permit requirement to conduct and document weekly inspections of the Lagoon; and, 6) Failing to comply with NPDES permit requirements for operation and maintenance of the Lagoon. Prior to the order, the EPA informally attempted to assist NCUC resolve the noncompliance by issuing NCUC a Compliance Assistance Plan (CAP). The EPA could not bring the NCUC, which continues having sanitary sewer overflows and violating the requirements of the Act and their NPDES permit, into compliance through the CAP.

Defendants (1)

• NORTHERN CHEYENNE UTILITIES COMMISSIONNamed in complaintNamed in settlement

Facilities (4)

• LAME DEER LAGOON

  NE 1/4 OF 33 AND SE 1/4 OF S 28, T2S, R41E, LAME DEER, MT, 59043

  Registry ID: 110004010748

• LAME DEER LAGOON

  NE 1/4 OF 33 AND SE 1/4 OF S 28, T2S, R41E, LAME DEER, MT, 59043

  Registry ID: 110004010748

• LAME DEER LAGOON

  NE 1/4 OF 33 AND SE 1/4 OF S 28, T2S, R41E, LAME DEER, MT, 59043

  Registry ID: 110004010748

• LAME DEER LAGOON

  NE 1/4 OF 33 AND SE 1/4 OF S 28, T2S, R41E, LAME DEER, MT, 59043

  Registry ID: 110004010748

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• NORTHERN CHEYENNE UTILITIES COMMISSIONentered 2015-07-07

  Primary law: CWA

Timeline (2 milestones)

• 2015-07-07Final Order Issued
• 2015-07-24Enforcement Action Data Entered