EPA v. LYNNWOOD, CY OF - POTW

Case summary

THE CITY OF LYNNWOOD, WA OWNS AND OPERATES A SEWAGE TREATMENT PLANT, THE WATER POLLUTION CONTROL PLANT, WHICH DISCHARGES TO BROWNS BAY, PUGET SOUND, WATERS OF THE UNITED STATES. THE CONTROVERSY IN THIS CASE IS CENTERED ON THE FAILURE OF THE CITY TO UPGRADE ITS EXISTING PRIMARY PLANT TO OBTAIN SECONDARY TREATMENT LEVELS AS REQUIRED BY ITS NPDES PERMIT. THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY WAS DELEGATED PRIMARY PERMITTING AND ENFORCEMENT AUTHORITY PURSUANT TO 402 OF CWA, 33 USC, 1251 ET SEQ IN 11/83. THE CITY'S NPDES PERMIT #WA-002403-1 REQUIRES COMPLIANCE WITH SPECIFIED (SECONDARY TREATMENT) EFFLUENT LIMITATIONS AFTER 6/30/77. THE PROPOSED CIVIL ACTION ALLEGES EXCEEDANCES BY THE CITY OF THE EFFLUENT LIMITATIONS OF ITS NPDES PERMIT AND FAILURE TO OBTAIN SECONDARY TREATMENT LEVELS BY THE 7/1/77 DEADLINE IN VIOLATION OF THE CWA, 301. ENFORCEMENT ACTION IS PROPOSED PURSUANT TO THE AUTHORITY OF 309 AND 402 OF CWA. THE PROPOSED CIVIL ACTION SEEKS A COURT-IMPOSED SCHEDULE FOR COMPLETION OF SECONDARY TREATMENT FACILITIES AND THE PAYMENT OF CIVIL PENALTIES FOR PAST CWA VIOLATIONS. THE COMPLIANCE SCHEDULE SHOULD REQUIRE COMPLETION OF TREATMENT FACILITIES AS EXPEDITIOUSLY AS POSSIBLE. STIPULATED PENALTIES WILL BE SOUGHT FOR VIOLATIONS OF THE SCHEDULE AND OTHER PROVISIONS OF ANY OBTAINED COURT ORDER.

Defendants (1)

• LYNNWOOD, CY OFNamed in complaintNamed in settlement

Facilities (2)

• LYNNWOOD WASTEWATER TREATMENT FACILITY

  17000 76TH AVE W, EDMONDS, WA, 98026

  Registry ID: 110010409593

• LYNNWOOD WASTEWATER TREATMENT FACILITY

  17000 76TH AVE W, EDMONDS, WA, 98026

  Registry ID: 110010409593

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• LYNNWOOD, CY OFentered 1987-10-21

  Primary law: CWA

  Federal penalty: $12,500

Timeline (9 milestones)

• 1986-03-11Enforcement Action Data Entered
• 1986-05-06Referred To Headquarters
• 1986-06-03Referred To Dept Of Justice
• 1986-11-14Referred TO U.S. Attorney
• 1987-08-10Complaint Filed With Court
• 1987-10-21Final Order Lodged
• 1987-10-21Final Order Entered
• 1987-10-21Concluded
• 1992-06-03Enforcement Action Closed