EPA v. City of Fargo Pretreatment

Case summary

The Pretreatment Regulations apply to publicly owned treatment works (POTWs) and to industrial users discharging pollutants to POTWs from non-domestic sources. The Pretreatment Regulations prohibit any discharge to a POTW that causes a violation of the POTW?s NPDES permit or disrupts the POTW?s treatment process. With limited exceptions, POTWs that receive industrial waste are required to develop pretreatment programs. These programs must include mechanisms to ensure that industrial users comply with pretreatment standards and requirements, which include enforcement if necessary. The City of Fargo's (City) POTW has an approved pretreatment program and is considered a control authority with regard to the Pretreatment Regulations in their service area. EPA and North Dakota Department of Health (NDDH) inspectors conducted a pretreatment compliance inspection (PCI) at the Fargo POTW on September 12-14, 2016. Violations observed included a failure by the City to update its pretreatment ordinance, failure to implement its procedure for identifying and locating industrial users (IUs) discharging pollutants to the City?s publicly owned treatment works, failure to include all required elements in significant industrial user (SIU) permits, failure to evaluate the need for SIUs to develop slug control plans, failure to meet sampling and analysis requirements, failure to maintain records, failure to ensure that IUs complied with reporting requirements, failure to follow the City?s enforcement response plan, and failure to identify and provide public notice of IUs in significant noncompliance. On June 5, 2018 the City of Fargo and EPA entered into an Administrative Order on Consent (AOC). In the AOC, the City agreed to: o Comply with all requirements of its NPDES permit and 40 C.F.R. part 403. o Properly implement its Pretreatment Program. o Submit to NDDH and EPA procedures for record keeping, inspections and sampling of industrial users. o Implement its Pretreatment Program procedures. o Take enforcement actions against industrial users in accordance with its Enforcement Response Plan (ERP) for violations identified in the EPA/NDDH joint inspection. o Submit to the NDDH an updated proposed pretreatment ordinance. o Submit to NDDH and EPA a significant industrial user (SIU) permit template that is consistent with the City?s legal authority. o Reissue all SIU permits using the SIU permit template. o Submit quarterly reports for one year to the NDDH and the EPA on the status of completing the items required by the AOC.

Defendants (1)

• City of FargoNamed in complaintNamed in settlement

Facilities (1)

• FARGO CITY OF

  200 3RD ST N, FARGO, ND, 58102

  Registry ID: 110049927775

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• City of Fargo Pretreatmententered 2018-06-05

  Primary law: CWA

Timeline (4 milestones)

• 2018-06-05Final Order Issued
• 2018-06-08Enforcement Action Data Entered
• 2019-08-09Enforcement Action Closed
• 2019-08-09NPDES Closed