EPA v. City of Helena 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. EPA has direct implementation authority for the pretreatment program in Montana, which means EPA directly oversees the implementation of pretreatment programs in Montana. The City of Helena (City) POTW has an EPA approved pretreatment program and is considered a control authority with regard to the Pretreatment Regulations in their service area. EPA inspectors conducted a pretreatment compliance audit (PCA) at the City of Helena on September 11-13, 2017. Several deficiencies and associated corrective actions were noted. Among those deficiencies were the recurring failures to implement the City?s approved pretreatment program. On May 14, 2020, The EPA sent a Letter of Violation to the City of Helena. On September 2, 2021, the EPA issued an Administrative Order for Compliance (AO) to the City of Helena which includes the following counts. ? Count I: Failure to Operate Pursuant to Adequate Legal Authority ? Count II: Failure to Identify and Locate IUs ? Count III: Failure to Provide Notifications of Pretreatment Standards and Applicable Requirements to IUs ? Count IV: Failure to Sample, Analyze, and Conduct Surveillance of IUs and Failure to Implement Procedures to Investigate Noncompliance ? Count V: Failure to Update Local Limits The AO requires the City to comply with all requirements of its NPDES permit and 40 C.F.R. part 403 and properly implement its Pretreatment Program.

Defendants (1)

• City of HelenaNamed in complaintNamed in settlement

Facilities (1)

• CITY OF HELENA WWTP

  2108 CUSTER AVENUE EAST, HELENA, MT, 59602

  Registry ID: 110013403094

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• City of Helena Pretreatmententered 2021-09-02

  Primary law: CWA

Timeline (4 milestones)

• 2021-09-02Final Order Issued
• 2021-09-29Enforcement Action Data Entered
• 2022-06-16Enforcement Action Closed
• 2022-06-16NPDES Closed