EPA v. PIMA CNTY-MT LEMMON

Case summary

NATURE OF THE CASE: THIS IS A CIVIL ACTION FILED PURSUANT TO SS301 & 309 OF THE CLEAN WATER ACT, 33 U.S.C. SS1311 & 1319, AGIANST PIMA CO. & THE STATE OF ARIZONA. PIMA CO. OWNS & OPERATES A WASTEWATER TRMT. FACILITY LOCATED ON MT. LEMON, AZ. THE FACILITY SERVICES 25 RESIDENTIAL CONNECTIONS IN THE MOUNTAIN RESORT COMMUNITY OF SUMMERHAVEN, WHICH IS A PRIVATELY-OWNED ENCLAVE SURROUNDED BY THE CORNADO NAT. FOREST. THE FACILITY DISCHARGES EFFLUENT INTO THE SABINO CREEK, WHICH IS THE ONLY PERENNIALLY FLOWING TROUT STREAM WITHIN REASONABLE RECREATIONAL ACCESS OF TUSCON, AZ. THE STATE WAS JOINED IN THE ACTION PURSUANT TO THE REQUIREMENT OF S309(E) OF THE ACT, 33 U.S.C. OF S1319(E). THE AZ. CENTER FOR LAW IN THE PUBLIC INTEREST WAS ADMITTED TO THE ACTION AS A PLAINTIFF-INTERVENOR. CAUSE OF ACTION: THE AGENCY ISSUED NPDES PERMIT NO. AZ0020028 TO PIMA CO. ON 12/31/72, TO REGULATE DISCHARGES TO SABINO CREEK. THE SINCE-EXPIRED PERMIT HAS BEEN CONT. IN EFFECT BY OPERATION OF S558(C) OF THE ADM. PROCEDURE ACT, 5 U.S.C. S558(C). AT VARIOUS TIMES, PLANT EFFLUENT QUALITY HAS VIOLATED THE TERMS OF THE PERMIT & STATE WATER QUALITY STANDARDS. PIMA CO. ALSO VIOLATED THE CONSTRUCTION SCHEDULES ESTABLISHED IN THE PERMIT. THE AGENCY ISSUED 4 ADM. ORDERS TO THE CO. IN DEC. 1976, MAY 1977, AUG. 1978, & DEC. 1979, REQUIRING THE CO. TO COME INTO COMPLIANCE WITH THE ACT. THE CO. VIOLATED ALL THESE ORDERS. PROPOSED REMEDY: THE PARTIES HAVE RECENTLY NEGOT. A SETTLEMENT TO THE LITIGATION WHICH PROVIDES FOR THE FOLLOWING RELIEF: 1. THE CO. WILL COMPLY IMMEDIATELY WITH THE SECONDARY TRMT. EFFLUENT LIMITATIONS IN THE EXPIRED PERMIT NO. AZ0020028. 2. THE CO. WILL CONSTRUCT A FACILITY FOR TRANSPORT OF ALL EFFLUENT FROM MT. LEMON TO U.S. FOREST SERVICE LAND LOCATED OUTSIDE OF THE SABINO CREEK WATERSHED ON A SPECIFIED SCHEDULE BY 11/12/82. 3. THE CO. WILL CEASE ALL DISCH. TO SABINO CREEK BY 11/12/ 82. 4. THE CO. WILL CONSTRUCT AN EMERG. POWER & ALARM SYS. TO INSURE THAT EFFLUENT IS NOT DISCHARGED TO SABINO CREEK IN THE EVENT OF PWR FAILURE, EQUIP. MALF. OR FACILITY MAINTENANCE, BY 11/12/82. 5. THE CO. WILL NOT PUMP IN EXCESS OF 17,000 GALLONS IN ANY 1 DAY OR A MONTHLY AV. OF 12,500 GALLONS/DAY OF EFFLUENT FROM THE SABINO CREEK WATERSHED. IN THE EVENT THAT EFFLUENT FLOWS FOR A SINGLE MONTH = OR EXCEED 85% OF THE MAX. ALLOWABLE MONTHLY AV., THEN INDIVIDUAL FLOW ALLOWANCES WILL BE ASSIGNED TO EACH OF THE 47 PROP. LOCATED IN SUMMERHAVEN. 6. THE CO. MAY NOT PROVIDE TRMT. FOR ANY ADDITIONAL PROPERTIES BEYOND THE 47 EXISTING PROP. IN SUMMERHAVEN. 7. THE CO. WILL IMPLEMENT A RESIDENTIAL FLOW REDUCTION PROGRAM INCLUDING LOW FLOW PLUMBING FIXTURES & AN EDUCATIONAL PROGRAM. IF VOLUNTARY CONSERVATION DOES NOT ACHIEVE A SUBSTANTIAL REDUCTION IN FLOW, THEN THE CO. WILL IMPLE- MENT A MANDATORY PROGRAM TO INSURE SUBSTANTIAL FLOW REDUCTION. THE CO. WILL ALSO ADOPT A GRADUATED SEWER RATE SCHEDULE IMPOSING SIGNIFICANT RATE INCREASES FOR INCREASED SEWER FLOWS. 8. THE AGENCY WILL INITIATE PROCEDURES TO ISSUE A MODIFIED NPDES PERMIT TO PIMA CO. INCORPORATING THE TERMS OF THE DECREE, WHICH TERMS THE CO. WILL NOT CONTEST. 9. THE CO. WILL PAY STIPULATED PENALTIES OF $2,500/DAY FOR ANY DISCHARGES TO SABINO CREEK AFTER 11/12/82. THE PLAINTIFFS MAY ALSO APPEAL TO THE COURT FOR HIGHER PENALTIES FOR SPECIFIC VIOLATIONS WHERE WARRANTED.

Defendants (2)

• ARIZONA, STATE OFNamed in complaintNamed in settlement
• PIMA CNTY-MT LEMMONNamed in complaintNamed in settlement

Facilities (1)

• PIMA COUNTY SAN DISTRICT MOUNT LEMMON

  12617 33 N SABINO CYN PK, MOUNT LEMMON, AZ, 85619

  Registry ID: 110010755637

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PIMA COUNTYentered 1982-07-12

  Primary law: CWA

Timeline (9 milestones)

• 1980-06-16Enforcement Action Data Entered
• 1980-07-29Referred To Headquarters
• 1980-12-15Referred To Dept Of Justice
• 1981-04-23Referred TO U.S. Attorney
• 1981-06-03Complaint Filed With Court
• 1982-07-12Final Order Lodged
• 1982-07-12Final Order Entered
• 1982-07-12Concluded
• 1989-01-03Enforcement Action Closed