EPA v. AZ DEPARTMENT OF CORRECTIONS

Case summary

THIS CASE ARISES UNDER THE CLEAN WATER ACT AND CONCERNS AN UNPERMITTED DISCHARGE OF SEWAGE EFFLUENT. THE PRIMARY DE- FENDANTS ARE THE STATE OF ARIZONA, ARIZONA DEPARTMENT OF CORRECTIONS (ADOC) AND THE TOWN OF FLORENCE, ARIZONA. ADOC AND THE TOWN OF FLORENCE ARE JOINT OWNERS OF A (WWTP) RECEIVING SEWAGE FLOWS FROM THE STATE PRISON AT FLOR- ENCE AND FROM THE TOWN OF FLORENCE. THE WWTP RECEIVES APPROXIMATELY 1 MILLION GALLONS PER DAY OF DOMESTIC SEWAGE. ALSO NAMED AS DEFENDANTS ARE THE DIRECTOR OF ADOC, SAMUEL LEWIS; AND THE MAYOR OR THE TOWN OF FLORENCE, JAMES ENGLAND. THE PRIMARY DEFENDANTS HELD A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FROM 1974-1977 ALLOWING THEM TO DISCHARGE INTO THE GILA RIVER. THE PERMIT WAS ISSUED BY EPA SINCE ARIZONA WAS NOT AUTHORIZED TO ADMINISTER THE NPDES PROGRAM. DEFENDANTS DID NOT APPLY FOR PERMIT RENEWAL BECAUSE THEY BEGAN USING THE EFFLUENT FOR IRRIGATION PURPOSES AND CEASED THEIR DISCHARGE IN 1976. IN OCTOBER, 1983, A FLOOD SEVERELY DAMAGED THE WWTP AND CAUSED THE RELEASE OF RAW EFFLUENT INTO THE GILA RIVER. DEFENDANTS CEASED USING THE EFFLUENT FOR IRRIGATION AND INSTEAD CONTIN- UED TO DISCHARGE RAW OR PARTIALLY TREATED EFFLUENT INTO THE GILA RIVER. THIS DISCHARGE HAS CONTINUED TO THE PRESENT TIME. DEFENDANTS DID NOT NOTIFY EPA OF THE DISCHARGE OR APPLY FOR AN NPDES PERMIT. IN JULY, 1985, THE ARIZONA DEPARTMENT OF HEALTH SERVICES (ADHS) NOTIFIED EPA OF THE ILLEGAL DISCHARGE. EPA ISSUED AN ADMINISTRATIVE ORDER TO THE DEFENDANTS ON 8/20/85. AS REQUIRED BY THE ORDER, THE PRIMARY DEFENDANTS HAVE SUBMITTED NPDES PERMIT APPLICATIONS (WHICH EPA AND ADHS ARE PROCES- SING) BUT HAVE ROUTINELY VIOLATED THE ORDER'S INTERIM EFFLUENT LIMITS AND REPORTING REQUIREMENTS. DEFENDANT'S ILLEGAL DISCHARGES HAVE LED TO FECAL COLIFORM PROBLEMS AND CREATED A BREEDING GROUND FOR DISEASE CARRYING MOSQUITOES. THE DISCHARGES HAVE CAUSED VIOLATIONS OF STATE WATER QUALITY STANDARDS FOR FECAL COLIFORM. EPA IS SEEKING CIVIL PENALTIES. THE WASTEWATER TREATMENT PLANT (WWTP), WHICH RECEIVES SEWAGE FLOWS FROM THE PRISON AND THE GENERAL POPULATION, IS JOINTLY OWNED BY THE DEFENDANTS. BOTH DEFENDANTS WERE LIST- ED AS PERMITTEES ON THE 1974 PERMIT AND BOTH SUBMITTED PERMIT APPLICATION IN 9/85. HOWEVER, ONLY ADOC OPERATED THE WWTP FACILITY DURING THE TIME THAT THE CLEAN WATER ACT VIO- LATION OCCURRED. ADOC OWNS ABOUT 60% OF THE WWTP AND THE THOWN OF FLORENCE OWNS ABOUT 40%. INFLUENT FLOWS ARE CONTRIBUTED IN APPROXI- MATELY THE SAME PROPORTION: THE PRISON WITH A POPULATION OF 3,000 GENERATES 65% OF THE FLOW AND THE TOWN WITH A POPULA- TION OF 2,800 GENERATES ABOUT 35% OF THE FLOW. THERE ARE FLOW CONTRIBUTIONS FROM A SLAUGHTERHOUSE, A SILKSCREENING FACILITY, A LICENSE PLATE MANUFACTURING FACILITY, A LAUNDRY AND A KITCHEN, ALL OF WHICH ARE PART OF THE PRISON OPERA- TION. THE WWTP IS A SECONDARY TREATMENT FACILITY WHICH CONSISTS OF AN INFLUENT WET WELL, A BAR SCREEN, A 1.5 ACRE AERATED LAGOON AND A 2.5 ACRE POLISHING LAGOON. EFFLUENT HAS BEEN DISCHARGED TO THE GILA RIVER, AN INTERMITTENT STREAM, SINCE OCTOBER, 1983 WITHOUT DISINFECTION. THE WWTP HAS A DESIGN CAPACITY OF 0.79 MILLION GALLONS PER DAY (MGD) BUT OFTEN RECEIVES INFLUENT FLOWS GREATER THAN 1.0 MGD. HYDRAULIC OVERLOADING (EXCESS FLOW) IS THE MAJOR FACTOR THAT PREVENTS THE PLANT FROM ACHIEVING THE SECONDARY TREATMENT LEVEL EXPECTED FROM A PLANT OF THIS DESIGN. A NEW WWTP IS BEING CONSTRUCTED THAT IS SCHEDULED FOR COMPLETION FALL/86. *** FACTUAL INVESTIGATION SHOWED THAT DEFENDANTS WERE DIS- CHARGING TO A LAND AREA ADJACENT TO THE GILA RIVER, CREATING A SWAMPY AREA. THE ORIGINAL DISCHA

Defendants (3)

• ARIZONA, STATE OFNamed in complaintNamed in settlement
• FLORENCE, TOWN OFNamed in complaintNamed in settlement
• ARIZONA DEPARTMENT OF CORRECTIONSNamed in complaintNamed in settlement

Facilities (1)

• WWTP AZ DEPT CORRECTIONS

  1 1/4 MI NW INSC WILLOW BUTTE, FLORENCE, AZ, 85232

  Registry ID: 110010063616

Statutes cited

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

Enforcement conclusions (2)

• FLORENCE, TOWN OFentered 1987-10-06

  Primary law: CWA

• ARIZONA DEPARTMENT OF CORREC.entered 1988-01-12

  Primary law: CWA

  Federal penalty: $25,000

Timeline (7 milestones)

• 1986-03-28Referred To Headquarters
• 1986-04-29Referred To Dept Of Justice
• 1986-06-30Complaint Filed With Court
• 1988-01-12Final Order Lodged
• 1988-01-12Final Order Entered
• 1988-01-12Concluded
• 1990-01-12Enforcement Action Closed