EPA v. CITY OF PHOENIX - VERDE/EVERGREEN

Case summary

THIS IS A CIVIL JUDICIAL REFERRAL UNDER SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), AND SECTION 109(C) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA), AND SECTION 325(B)(3) OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA), AND SECTIONS 309(B) AND 311(B) OF THE CLEAN WATER ACT (CWA), BROUGHT AGAINST THE CITY OF PHOENIX, ARIZONA FOR VIOLATIONS THAT OCCURRED AT THREE OF THE CITY'S MUNICIPAL FACILITIES: 1) THE VERDE WATER TREAT- MENT PLANT, 2) THE VERDE WELL FIELD, AND 3) THE EVERGREEN BOOSTER STATION. THESE THREE FACILITIES ARE OWNED AND OPERATED BY THE CITY OF PHOENIX, AND ARE ALL LOCATED ON INDIAN LAND. THE VIOLATIONS AT ISSUE RESULTED FROM FAILURE TO PROPERLY STORE HAZARDOUS WASTE, FAILURE TO IMMEDIATELY PROVIDE NOTICE TO FEDERAL AUTHORITIES AND TRIBAL AUTHORITIES CONCERNING RELEASES OF HAZARDOUS SUBSTANCES, AND THE ILLEGAL DISCHARGE OF POLLUTANTS INTO WATERS OF THE UNITED STATES. THE RELIEF SOUGHT INCLUDES PENALTIES AND INJUNCTIVE RELIEF REGARDING THE DEVELOPMENT AND IMPLEMENTATION OF PROCEDURES AND TRAINING PROGRAMS THAT WILL ENSURE FUTURE COMPLIANCE WITH ALL PERTINENT RULES AND REGULATIONS UNDER RCRA, CERCLA, EPCRA, AND CWA.

Defendants (2)

• State of ArizonaNamed in complaintNamed in settlement
• CITY OF PHOENIXNamed in complaintNamed in settlement

Facilities (3)

• VERDE WATER TREATMENT PLT

  SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY, SCOTTSDALE, AZ, 85256

  Registry ID: 110000510117

• EVERGREEN BOOSTER (PUMPING) STA

  SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY, SCOTTSDALE, AZ, 85256

  Registry ID: 110013716158

• VERDE WATER WELL FIELD

  FORT MCDOWELL INDIAN RESERVATION, FOUNTAIN HILLS, AZ, 85268

  Registry ID: 110013716176

Statutes cited

• CWA 301A — Clean Water Act
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CWA 311B3 — Clean Water Act
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• City of Phoenix (Verde/Evergreen) - Consent Decreeentered 2002-06-18

  Primary law: RCRA

  Federal penalty: $198,532 · SEP: $401,468

Timeline (7 milestones)

• 1998-09-30Referred To Headquarters
• 1998-09-30Referred To Dept Of Justice
• 1998-10-14Enforcement Action Data Entered
• 2002-04-02Complaint Filed With Court
• 2002-06-18Concluded
• 2002-06-18Final Order Entered
• 2002-06-18Final Order Lodged