EPA v. CENTRALIA, CY OF - POTW

Case summary

THIS CIVIL ACTION IS SEEKING INJUNCTIVE RELIEF AND CIVIL PENALTIES PURSUANT TO SECTION 309 OF CWA, 33 USC, 1311(A). DEFENDANT CITY OF CENTRALIA HAS BEEN FOUND TO BE IN VIOLATION OF THE TERMS OF A NPDES PERMIT ISSUED BY WA STATE DEPARTMENT OF ECOLOGY. THE CITY OWNS, OPERATES, AND HAS MAINTENANCE RESPONSIBILITIES FOR A SEWAGE TREATMENT PLANT AS WELL AS THE SEWAGE COLLECTION SYSTEM (PIPES, COLLECTORS, TRUNK LINES, AND APPURTENANCES.) THE CITY CURRENTLY OPERATES ITS TREATMENT FACILITY UNDER AN NPDES PERMIT ISSUED 7/9/85 AS WELL AS AN ECOLOGY ORDER ESTABLISHING ALTERNATIVE INTERIM EFFLUENT LIMITS. IN THIS INSTANT CASE, THE CITY IS FOUND TO BE IN VIOLATION OF THE SECONDARY TREATMENT REQUIREMENTS OF ITS NPDES PERMIT, SPECIFICALLY PERMANENT REMOVAL OF SOLIDS FOR BOD AND TSS. THESE VIOLATIONS ARE DIRECTLY ATTRIBUTABLE TO A FAILING COLLECTION SYSTEM WHICH ALLOWS EXCESSIVE INFILTRATION AND INFLOW (I/I) TO ENTER THE COLLECTION SYSTEM AND TREATMENT PLANT. THE PROPOSED CIVIL ACTION SEEKS A COURT-IMPOSED SCHEDULE FOR UPGRADING THE CITY'S WASTEWATER COLLECTION SYSTEM AS WELL AS THE PAYMENT OF CIVIL PENALTIES FOR PAST CWA VIOLATIONS. THE COMPLIANCE SCHEDULE SHOULD REQUIRE COMPLETION OF COLLECTION SYSTEM IMPROVEMENTS AS EXPEDITIOUS- LY AS POSSIBLE. STIPULATED PENALTIITES WILL BE SOUGHT TO HELP ENSURE COMPLIANCE WITH A CONSTRUCTION SCHEDULE FOR SEWER SYSTEM IMPROVEMENTS AS WELL AS INTERIM EFFLUENT PROVISIONS. IMPOSITION OF A SEWER HOOKUP MORATORIUM IS REQUESTED TO PREVENT FURTHER DEGRADATION OF TREATMENT CAPACITY UNTIL COLLECTION SYSTEM IMPROVEMENTS HAVE BEEN COMPLETED.

Defendants (2)

• CENTRALIA, CY OFNamed in complaintNamed in settlement
• WASHINGTON, STATE OFNamed in complaintNamed in settlement

Facilities (1)

• CENTRALIA STP

  1401 W MELLEN ST, CENTRALIA, WA, 985319014

  Registry ID: 110022443079

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CENTRALIA CY OF/WA STATE OFentered 1991-12-27

  Primary law: CWA

  Federal penalty: $20,000

Timeline (7 milestones)

• 1988-03-15Enforcement Action Data Entered
• 1988-06-17Referred To Dept Of Justice
• 1988-09-28Complaint Filed With Court
• 1991-12-27Final Order Lodged
• 1991-12-27Final Order Entered
• 1991-12-27Concluded
• 1992-01-28Enforcement Action Closed