EPA v. CITY OF BURBANK

Case summary

THIS ACTION IS AGAINST THE CITY OF BURBANK UNDER BOTH SECTIONS 301 AND 307 OF THE CLEAN WATER ACT TO ADDRESS VIOLATIONS OF THE CITY'S NPDES PERMIT, IN PARTICULAR THE PERMIT'S PRETREATMENT REQUIREMENTS. THE CITY HOLDS AN NPDES PERMIT AUTHORIZING IT TO DISCHARGE TREATED SEWAGE FROM THE BURBANK WATER RECLAMATION PLANT. THE PERMIT PLACES CONDITIONS ON THE CHARACTER OF WASTE THE CITY CAN DISCHARGE, REQUIRES MONITORING OF THE WASTE DISCHARGE, AND REQUIRES THE CITY TO IMPLEMENT A PROGRAM TO REGULATE THE INDUSTRIAL WASTE THE CITY RECEIVES FROM INDUSTRIES THAT DISCHARGE WASTEWATER INTO THE CITY'S SEWER LINES. THE CITY HAS VIOLATED NUMEROUS PRETREATMENT REQUIREMENTS DESIGNED TO ENSURE THAT THE CITY'S INDUSTRIES PROPERLY LIMIT THE QUANTITIES OF POLLUTANTS THEY DISCHARGE INTO THE SEWER SYSTEM. THESE INCLUDE REQUIREMENTS THAT THE CITY MONITOR THE INDUSTRIES' DISCHARGES, THAT THE CITY INFORM THE INDUSTRIES OF THE APPLICABLE LIMITS, AND THAT THE CITY ENSURE THAT THE INDUSTRIES COMPLY WITH THEIR LIMITS. THE CITY HAS ALSO VIOLATED PERMIT LIMITS GOVERNING THE CHARACTER OF THE WASTE IT IS AUTHORIZED TO DISCHARGE FROM ITS PLANT, AND PERMIT CONDITIONS REQUIRING IT TO MONITOR ITS WASTEWATER DISCHARGE. THIS ACTION IS PROPOSED TO OBTAIN INJUNCTIVE RELEIF TO ENSURE THAT THE CITY COMPLIES WITH ITS PERMIT, MOST PARTICULARLY THE PRETREATMENT CONDITIONS, AND TO OBTAIN AN APPROPRIATE CIVIL PENALTY FOR THE CITY'S VIOLATIONS. THE COMPLAINT IN THIS MATTER WAS FILED ON 6/7/91. ALTHOUGH THIS IS A CASE ORIGINATING IN CALIFORNIA, AND THUS A REGION 9 CASE GEOGRAPHICALLY, THE ADMINISTRATION OF THE LITIGATION IS BEING HANDLED BY HEADQUARTERS. THE HEADQUARTERS ATTORNEY ASSIGNED TO THIS MATTER IS J. THEIS.

Defendants (1)

• CITY OF BURBANKNamed in complaintNamed in settlement

Facilities (1)

• BURBANK CITY OF

  275 E OLIVE ST, BURBANK, CA, 91502

  Registry ID: 110002691258

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CITY OF BURBANKentered 2000-09-07

  Primary law: CWA

  Federal penalty: $137,000 · SEP: $2,100,000

Timeline (6 milestones)

• 1990-04-01Enforcement Action Data Entered
• 1990-09-28Referred To Headquarters
• 1991-02-04Referred To Dept Of Justice
• 1991-06-07Complaint Filed With Court
• 2000-08-30Final Order Lodged
• 2000-09-07Final Order Entered