EPA v. LOS ANGELES, CITY OF

Case summary

THIS ACTION IS BEING BROUGHT BECAUSE THE CITY OF LOS ANGELES' HYPERION WASTEWATER TREATMENT FACILITY HAS CONTINUALLY VIOLATED ITS NPDES PERMIT FROM NOVEMBER, 1982 TO DATE. HYPERION IS THE PRINCIPAL SEWAGE TREATMENT PLANT FOR THE CITY WITH AN AVERAGE DAILY FLOW OF 420 MILLION GALLONS DISCHARGING INTO SANTA MONICA BAY. HYPERION VIOLATED ITS MONTHLY AVERAGE LIMITS FOR BOD AND SUSPENDED SOLIDS FOR ALL BUT TWO MONTHS THE PERMIT HAS BEEN IN EFFECT. HYPERION HAS ALSO VIOLATED A VARIETY OF OTHER PERMIT REQUIREMENTS. THIS ACTION IS RELATED TO EPA'S PENDING CIVIL LITIGATION AGAINST THE CITY AND THE STATE OF CALIFORNIA FOR THE CITY'S FAILURE TO CEASE THE DISCAHRGE OF SLUDGE INTO SANTA MONICA BAY AND THE CITY'S FAILURE TO PROVIDE FULL SECONDARY TREAT- MENT AT HYPERION. THE INITIAL ACTION WAS SETTLED IN PART BY A CONSENT DECREE IN 1980, BUT THE UNDERLYING ISSUES STILL REQUIRE FURTHER ACTION. THE REGION IS ATTEMPTING TO RESOLVE THESE CLAIMS AND THE MORE RECENT PERMIT VIOLATION CLAIMS IN THE CONTEXT OF ITS PENDING LAWSUIT. FOUR INDIVIDUALS RECENTLY FILED A NOTICE OF INTENT TO FILE A CITIZEN'S SUIT ADDRESSING THESE VIOLATIONS AND THE CITY'S FAILURE TO PROVIDE SECONDARY TREATMENT. THE REGION EXPECTS THAT THESE CLAIMS WILL BE CONSOLIDATED IN ONE ACTION WITH EPA'S CLAIMS. TO GUARANTEE CONSOLIDATION, THIS ACTION MUST BE FILED ON OR BEFORE JUNE 6, 1986. THE REGION STRONGLY SUPPORTS CONSOLIDATION AND THEREFORE URGES PROMPT FILING. THE CITY'S PERMIT VIOLATIONS ARE VIOLATIONS OF SECTION 301 OF THE CLEAN WATER ACT. 33 U.S.C. 1311. 301 PROHIBITS THE DISCHARGE OF POLLUTANTS EXCEPT IN COMPLIANCE WITH NATIONAL POLLUTANT DISCHARGE ELIMINATIONS SYSTEM (NPDES) PERMITS. THESE PERMIT VIOLATIONS ARE ALSO VIOLATIONS OF A CONSENT DECREE ENTERED INTO BY THE CITY, THE STATE OF CALIFORNIA AND THE UNITED STATES IN THE PENDING CIVIL LITIGATION. HYPERION'S DISCHARGE IS CONTRIBUTING TO THE ENVIRONMENTAL DEGRADATION OF SANTA MONICA BAY. THE IMPACT OF THE HYPERION DISCHARGE WAS ANALYZED IN DETAIL IN THE CONTEXT OF THE CITY'S APPLICATION FOR A 301(H) VARIANCE. AS A RESULT OF THAT ANALYSIS, EPA FOUND THAT THE HYPERION DISCHARGE HAD DAMAGED A WIDE AREA OF THE BOTTOM DWELLING BENTHIC COMMUNITY AROUND THE OUTFALL. EPA'S ANALYSIS MADE CLEAR THAT COMPLIANCE WITH PERMIT LIMITS WAS ESSENTIAL FOR MINIMIZING ENVIRONMENTAL DAMAGE. AS A REMEDY FOR THE PERMIT VIOLATIONS, EPA IS SEEKING A SUBSTANTIAL CIVIL PENALTY, AND AN ORDER REQUIRING PROMPT COMPLIANCE WITH PERMIT LIMITS. SHOULD THE CITY FAIL TO TIMELY COMPLY, EPA WILL SEEK SUBSTANTIAL STIPULATED PENALTIES, INCLUDING A CONNECTION BAN. THESE REMEDIES ARE SOUGHT AS PART OF A BROADER SETTLEMENT OF THE PENDING LITIGATION. AS DISCUSSED IN SECTION 10, EPA HOPES TO SETTLE THIS ACTION. IF SETTLEMENT IS NOT POSSIBLE, EPA WOULD WANT THIS ACTION PROMPTLY FILED. EPA RECOMMENDS THAT THIS ACTION BE BROUGHT EITHER BY MOTION TO ENFORCE THE CURRENT CONSENT DECREE OR BY MOTION TO AMEND THE ORIGINAL COMPLAINT.

Defendants (1)

• LOS ANGELES, CITY OFNamed in complaintNamed in settlement

Facilities (2)

• HYPERION TREATMENT PLANT

  12000 VISTA DEL MAR, PLAYA DEL REY, CA, 90293

  Registry ID: 110000526618

• HYPERION TREATMENT PLANT

  12000 VISTA DEL MAR, PLAYA DEL REY, CA, 90293

  Registry ID: 110000526618

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• LOS ANGELES, CITY OFentered 1987-02-19

  Primary law: CWA

  Federal penalty: $625,000

Timeline (8 milestones)

• 1977-05-22Enforcement Action Data Entered
• 1977-07-01Referred To Headquarters
• 1977-07-12Referred To Dept Of Justice
• 1977-08-12Complaint Filed With Court
• 1987-02-19Final Order Lodged
• 1987-02-19Final Order Entered
• 1987-02-19Concluded
• 2000-08-07Enforcement Action Closed