EPA v. PHOENIX, CITY OF

Case summary

PHOENIX OWNS AND OPERATES THE PHOENIX 23RD AVENUE WASTEWATER TREATMENT PLANT AND THE PHOENIX 91ST AVENUE WASTEWATER TREATMENT PLANT. EACH PLANT TREATS INDUSTRIAL AND DOMESTIC SEWAGE FROM SOURCES IN PHOENIX. THE 91ST AVENUE PLANT ALSO TREATS INDUSTRIAL AND DOMESTIC SOURCES FROM SEVERAL NEARBY MUNICIPALITIES. IN 1984, EPA REVISED THE NPDES PERMITS APPLICABLE TO EACH PLANT IN ORDER TO REQUIRE THE CITY TO IMPLEMENT A PROGRAM GOVERNING THE PRETREATMENT OF INDUSTRIAL WASTES DISCHARGED INTO THE RESPECTIVE PLANT'S COLLECTION SYSTEM. PHOENIX HAS FAILED TO IMPLEMENT ITS PRETREATMENT PROGRAM, AND HAS VIOLATED EFFLUENT LIMITS RELATED TO COPPER, CADMIUM AND TOXICITY.

Defendants (2)

• ARIZONA, STATE OFNamed in complaintNamed in settlement
• PHOENIX, CITY OFNamed in complaintNamed in settlement

Facilities (2)

• W W T P 91ST AVE

  91ST AVE & SOUTHERN, PHOENIX, AZ, 85037

  Registry ID: 110000510144

• 23RD AVENUE WASTEWATER TREATMENT PLANT

  2301 WEST DURANGO STREET, PHOENIX, AZ, 85009

  Registry ID: 110000509851

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 402 — Clean Water Act
• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• PHOENIX, CITY OFentered 1991-01-22

  Primary law: CWA

  Federal penalty: $450,000

Timeline (8 milestones)

• 1983-01-01Enforcement Action Data Entered
• 1989-06-01Referred To Headquarters
• 1989-07-10Referred To Dept Of Justice
• 1989-10-04Complaint Filed With Court
• 1991-01-22Final Order Lodged
• 1991-01-22Final Order Entered
• 1991-01-22Concluded
• 1992-02-27Enforcement Action Closed