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 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. On June 29, 2022, the EPA and the City of Helena entered into a Consent Agreement to resolved the pretreatment violations alleged by the EPA. The City of Helena neither admits nor denies the specific allegations in the Complaint. The Consent Agreement requires the City of Helena to pay a $20,000 penalty.

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 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• City of Helena Pretreatmententered 2022-06-29

  Primary law: CWA

  Federal penalty: $20,000

Timeline (5 milestones)

• 2021-09-08Complaint Filed/Proposed Order
• 2021-10-14Enforcement Action Data Entered
• 2022-06-29Final Order Issued
• 2022-07-06NPDES Closed
• 2022-07-06Enforcement Action Closed