EPA v. PIMA COUNTY - INA ROAD

Case summary

PIMA COUNTY OPERATES A PUBLICLY OWNED TREATMENT WORKS, KNOWN AS THE INA ROAD WASTEWATER TREATMENT PLANT, IN TUCSON, ARIZONA. THE INA ROAD PLANT OPERATES UNDER AN NPDES PERMIT ISSUED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION IX PURSUANT TO THE CLEAN WATER ACT. UNDER THE PER- MIT, PIMA COUNTY IS AUTHORIZED TO DISCHARGE TREATED WASTE- WATER FROM THE INA ROAD FACILITY TO THE SANTA CRUZ RIVER IN ACCORDANCE WITH SPECIFIED EFFLUENT LIMITATIONS, MONITORING REQUIREMENTS, AND OTHER CONDITIONS. THE PROPOSED CIVIL ACTION WHICH IS THE SUBJECT OF THE LITIGATION REPORT INVOLVES THE FOLLOWING VIOLATIONS BY PIMA COUNTY OF SECTIONS 301 AND 402 OF THE CLEAN WATER ACT BEETWEEN AUGUST 1, 1978 AND MARCH 1, 1983. 1. ELEVEN MONITORING REQUIREMENTS VIOLATIONS ARISING FROM THE FAILURE TO OPERATE THE AUTOMATIC EFFLUENT SAMPLER NECESSARY FOR PERMIT COMPLIANCE; AND 2. EIGHTY-SIX EFFLUENT LIMITATIONS VIOLATIONS. THE FAILURE OF PIMA COUNTY TO OPERATE THE INA ROAD PLANT'S EFFLUENT SAMPLER WAS ORIGINALLY DISCOVERED DURING A ROUTINE EPA INSPECTION IN EARLY 1982. THEREAFTER, A CRIMI- NAL INVESTIGATION WAS UNDERTAKEN BY THE OFFICE OF THE INSPECTOR GENERAL WHICH REVEALED THAT THE INCIDENT WAS REPRESENTATIVE OF A WIDESPREAD PRACTICE OF SEVERAL YEARS DURATION. SAMPLING WAS OFTEN SKIPPED WHEN THE EFFLUENT WAS OBSERVED TO BE OF POOR QUALITY AND THEREFORE APPEARED TO BE IN VIOLATION OF PERMIT LIMITATIONS. THIS PRACTICE NOT ONLY CONSTITUTES A VIOLATION OF PERMIT MONITORING REQUIREMENTS, BUT ALSO CASTS DOUBT ON THE VALIDITY OF THE EFFLUENT LIMI- TATIONS DATA REPORTED TO EPA IN SELF-MONITORING REPORTS. REGION IX CONSIDERS THE VIOLATIONS DISCUSSED IN THE LITIGATION REPORT TO BE EXTREMELY SERIOUS. THE INTEGRITY OF THE NPDES SELF-MONITORING SYSTEM IS CRUCIAL TO THE AGENCY'S PERMIT COMPLIANCE PROGRAM AND TO THE SUCCESSFUL IMPLEMENTA- TION OF THE GOALS OF THE CLEAN WATER ACT. THE ACTIONS OF PIMA COUNTY DESCRIBED ABOVE ARE ALREADY WIDELY KNOWN WITHIN THE STATE OF ARIZONA. IT IS THEREFORE PARTICULARLY IMPOR- TANT THAT EPA UNDERTAKE EFFECTIVE ENFORCEMENT ACTION TO ALERT THE REGULATED COMMUNITY THAT SUCH PRACTICES WILL NOT BE TOLERATED.

Defendants (2)

• ARIZONA, STATE OFNamed in complaintNamed in settlement
• PIMA CNTY SANITATION DIST INA RD WTPNamed in complaintNamed in settlement

Facilities (1)

• PIMA COUNTY WASTE WATER MANAGEMENT

  7101 NORTH CASA GRANDE HIGHWAY, TUCSON, AZ, 857439577

  Registry ID: 110039276404

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PIMA COUNTYentered 1986-12-29

  Primary law: CWA

  Federal penalty: $100,000

Timeline (8 milestones)

• 1983-05-29Enforcement Action Data Entered
• 1983-07-05Referred To Headquarters
• 1983-08-09Referred To Dept Of Justice
• 1983-12-06Complaint Filed With Court
• 1986-12-29Final Order Lodged
• 1986-12-29Concluded
• 1986-12-29Final Order Entered
• 1987-02-28Enforcement Action Closed