EPA v. City of San Jose

Case summary

This Administrative Order, pursuant to section 309(a) of the CWA, was issued to the City of San Jose due to findings made during EPA's inspection of industries conducted in January and August of 2004 and findings made by Tetra Tech during the Pretreatment Compliance Inspection of the City of San Jose in January 2004. This Order was issued to the City of San Jose requiring it to comply with its NPDES permit (CA0037842) and the Federal categorical pretreatment standards at 40 CFR 403. The City of San Jose was in violation of its permit and these standards due to its failure to fully implement its pretreatment program. For example the City of San Jose failed to correctly permit its industrial users, ensure its industrial users were in compliance with Federal and local requirements, and reassess local limits as needed. The Order directs the City of San Jose to update its sewer use ordinance and local limits, repermit all its significant industrial users, conduct an audit of its compliance monitoring program, develop and submit a description of a surveillance montoring program, and describe updated budget, staffing and equipment needs of its pretreatment program.

Defendants (1)

• City of San Jose Pretreatment Program OfficeNamed in complaintNamed in settlement

Facilities (4)

• SAN JOSE / SANTA CLARA WATER POLLUTION CONTROL PLANT

  700 LOS ESTEROS, SAN JOSE, CA, 95134

  Registry ID: 110000522275

• SAN JOSE / SANTA CLARA WATER POLLUTION CONTROL PLANT

  700 LOS ESTEROS, SAN JOSE, CA, 95134

  Registry ID: 110000522275

• SAN JOSE / SANTA CLARA WATER POLLUTION CONTROL PLANT

  700 LOS ESTEROS, SAN JOSE, CA, 95134

  Registry ID: 110000522275

• SAN JOSE / SANTA CLARA WATER POLLUTION CONTROL PLANT

  700 LOS ESTEROS, SAN JOSE, CA, 95134

  Registry ID: 110000522275

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• City of San Jose Compliance Orderentered 2005-03-17

  Primary law: CWA

Timeline (4 milestones)

• 2005-03-17Complaint Filed/Proposed Order
• 2005-03-17Final Order Issued
• 2005-03-17Enforcement Action Closed
• 2005-04-25Enforcement Action Data Entered