EPA v. WMAT Whiteriver/Canyon Day AOC

Case summary

This is an Administrative Order on Consent between US EPA and the White Mountain Apache Tribal Utility Authority (TUA) and White Mountain Apache Tribe (the Tribe) for alleged violations of the Clean Water Act National Pollutant Discharge Elimination System (NPDES) regulations. Under this Consent Order, the Tribe and TUA agree to undertake specified measures to comply with the NPDES permit for the Whiteriver Sewage Lagoons Wastewater Treatment Facility, cease unauthorized discharges in violation of the Permit, and implement the requirements described in this Consent Order to prevent additional violations. Section 309(a) of the Clean Water Act (CWA or the Act), 33 U.S.C. Section 1319(a), provides that, whenever the U.S. Environmental Protection Agency (EPA) finds that any person is in violation of any condition or limitation which implements, inter alia, Sections 301(a) and 402 of the CWA, 33 U.S.C. Sections 1311(a) and 1342, the EPA may issue an order requiring such person to comply with such condition or limitation, and shall specify a time for compliance that the EPA determines to be reasonable.

Defendants (2)

• White Mountain Apache Tribal Utility AuthorityNamed in complaintNamed in settlement
• White Mountain Apache TribeNamed in complaintNamed in settlement

Facilities (1)

• WHITERIVER SEWAGE LAGOONS

  CANYON DAY, WHITERIVER, AZ, 85941

  Registry ID: 110024527635

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WMAT Whiteriver/Canyon Day AOCentered 2024-09-12

  Primary law: CWA

Timeline (4 milestones)

• 2024-09-12Final Order Issued
• 2024-09-12Enforcement Action Closed
• 2024-09-12NPDES Closed
• 2024-09-20Enforcement Action Data Entered