EPA v. KACHINA VILLAGE IMPROVEMENT DISTRICT

Case summary

ON APRIL 16, 1973 THE ARIZONA DEPARTMENT OF HEALTH ISSUED A CERTIFICATE OF APPROVAL TO CONSTRUCT A SEWAGE TREATMENT PLANT AT KACHINA VILLAGE SUBJECT TO THE CONDITION THAT THE PLANT EFFLUENT CONCENTRATION OF PHOSPHORUS BE LESS THAN 1.0 MG/1. BY LETTER OF 10/10/73 THE DESIGN CONSULTANT FOR THE PLANT, WHEELER, PETERSON & COFFEEN, STATED THAT THE PLANT WAS DESIGNED TO MEET A 3.0 MG/1 PO4 EFFLUENT CONCENTRATION. IN A LETTER DATED 11/29/73 FROM THE ARIZONA DEPARTMENT OF HEALTH, THE STATE EXPLAINED THAT BECAUSE OF TERTIARY TREAT- MENT REQUIREMENTS OF ANY DISCHARGES IN THE OAK CREEK AREA, A 3.0 MG/1 PO4 INSTANTANEOUS LIMIT IS NEEDED IN THE KACHINA VILLAGE NPDES PERMIT. THE STATE OF ARIZON HAS ADOPTED AND THE EPA HAS APPROVED WATER QUALITY STANDARDS FOR THE BODY OF WATER INTO WHICH THE DEFENDANT IS PERMITTED TO DISCHARGE. THE KACHINA VILLAGE IMPROVEMENT DISTRICT APPLIED FOR AN NPDES PERMIT ON APRIL 8, 1973, FOR THE DISCHARGE OF MUNICIPAL WASTEWATER FROM THEIR SEWAGE TREATMENT PLANT (HEREIN CALLED STP) TO THE PUMP HOUSE WASH, A WATER OF THE UNITED STATES. THE PUMP HOUSE WASH IS A TRIBUTARY TO OAK CREEK, WHICH IS A TRIBUTARY TO THE VERDE RIVER. NUTRIENT STANDARDS FOR THE VERDE RIVER AND ITS TRI- BUTARIES SPECIFY LIMITS ON PHOSPHOROUS CONCENTRATES. ON MARCH 15, 1974, EPA, REGION IX, S & A DIVISION PER- SONNEL CONDUCTED A SAMPLING INSPECTION AT THE STP AND FOUND THAT THE PLANT WAS NOT MEETING THE PO4 LIMITATION (THE MEA- SURED VALUE WAS 7.35 MG/1). THE PROBABLE CAUSE OF THE VIO- LATION WAS OPERATOR INEXPERIENCE WITH THE PLANT AND THE CHEMICAL CONTROL PROCEDURES, PLUS THE UNWILLINGNESS OF THE DISTRICT TO MAINTAIN AN ADEQUATE SUPPLY OF CHEMICALS FOR WATER TREATMENT. ON AUGUST 14-17, 1974, THE ARIZONA DEPARTMENT OF HEALTH SERVICES CONDUCTED A SAMPLING INSPECTION AT THE STP AND FOUND, AMONG OTHER THINGS, THAT THE PLANT EXCEEDED THE PO4 LIMITATION. ON OCTOBER 29, 1974, EPA SENT A LETTER PURSUANT TO SECTION 308 OF THE CLEAN WATER ACT TO THE COCONINO COUNTY BOARD OF SUPERVISORS REQUIRING AN EXPLANATION OF THE VIOLA- TIONS, AND A DESCRIPTION OF THE STEPS TAKEN TO CORRECT THE PROBLEM, AND TO ASSURE COMPLIANCE WITH THE PERMIT LIMITA- TIONS. BY LETTER OF NOVEMBER 22, 1974, FROM WILLIAM HOWELLS COCONINO COUNTY ENGINEER, EPA WAS ADVISED THAT VIOLATIONS AT THE SITE WERE IN THE PROCESS OF BEING CORRECTED. KACHINA VILLAGE IS IN VIOLATION OF CONDITION 7 OF NPDES PERMIT NO. AZ0020087, IN THAT THEY FAILED TO MAINTAIN IN GOOD WORKING ORDER AND OPERATE AS EFFECIENTLY AS POSSIBLE ALL TREATMENT AND CONTROL FACILITIES OR SYSTEMS INSTALLED OR USED TO ACHIEVE COMPLIANCE WITH THE CONDITIONS OF THEIR PER- MIT, NAMELY THEIR CHEMICAL DOSING OPERATION AND THAT THEY EXCEEDED THE ALLOWABLEEFFLUENT LIMITS FOR PO4 CONCENTRATION SPECIFIED IN THEIR PERMIT. PURSUANT TO SECTION 309 OF THE C.W.A., VIOLATIONS OF PERMIT CONDITIONS BASED UPON SECTION 402, SUBJECT THE DIS- CHARGER TO CIVIL PENALTIES NO TO EXCEED $10,000 PER DAY OF SUCH VIOLATION. THE MAXIMUM PENALTY IS SOUGHT FOR EACH DAY THAT THE KACHINA VILLAGE IMPROVEMENT DISTRICT DISCHARGED IN EXCESS OF EFFLUENT LIMITATIONSFOR PO4, AS SPECIFIED IN THEIR PERMIT. ANY AMOUNT OF MONEY WHICH KACHINA VILLAGE AGREES TO SPEND IN DEVELOPING AN ADEQUATE OPERATION AND MAINTENANCE MANUAL FOR THE SEWAGE TREATMENT PLANT, OR FOR THE PURCHASE OF CHEMICALS FOR PO4 CONTROL, MAY BE SUBTRACTED FROM THE PENALTY SOUGHT BY EPA.

Defendants (2)

• ARIZONA, STATE OFNamed in complaintNamed in settlement
• KACHINA VILLAGE IMPROVEMENT DISTRICTNamed in complaintNamed in settlement

Facilities (1)

• KACHINA VILLAGE ID PINION TRAI

  PINION TRL KACHINA VILLAGE, FLAGSTAFF, AZ, 86001

  Registry ID: 110010595640

Statutes cited

• CWA 402 — Clean Water Act

Enforcement conclusions (1)

• KACHINA VILLAGE IMPROVEMENTentered 1986-12-05

  Primary law: CWA

  Federal penalty: $27,000

Timeline (9 milestones)

• 1984-04-27Enforcement Action Data Entered
• 1984-06-28Referred To Headquarters
• 1984-07-19Referred To Dept Of Justice
• 1984-09-21Referred TO U.S. Attorney
• 1984-09-27Complaint Filed With Court
• 1986-12-05Final Order Lodged
• 1986-12-05Final Order Entered
• 1986-12-05Concluded
• 1988-10-31Enforcement Action Closed