EPA v. TILLAMOOK COUNTY CREAMERY ASSOC

Case summary

TILLAMOOK CO CREAMERY ASSOC OWNS AND OPERATES A SECONDARY BIOLOGICAL TREATMENT SYSTEM THAT TREATS THE PROCESS WASTES FROM ITS CHEESE/DAIRY PRODUCTION AND SANITARY WASTES FROM A VISITORS CENTER IN TILLAMOOK, OR. TCCA WAS ISSUED A NPDES PERMIT BY ODEQ. THE CURRENT PERMIT BECAME EFFECTIVE 7/21/88 AND EXPIRES 12/31/91. IT AUTHORIZES DISCHARGE FROM TCCA'S TREATMENT FACILITY TO THE WILSON RIVER WHICH THEN FLOWS INTO TILLAMOOK BAY, AN ESTUARY ADJACENT TO THE PACIFIC OCEAN. DMR'S SHOW THAT SINCE 1987 THE TREATMENT FACILITY HAS EXPERIENCED NUMEROUS VIOLATIONS OF THE BOD, TSS, AND FECAL COLIFORM BACTERIA LIMITATIONS OF THE PERMIT. THESE VIOLATIONS APPEAR TO CORRELATE WITH THE INCREASE OF CHEESE PRODUCTION OVER THE YEARS. IN 1987 VIOLATIONS OF PERMIT EFFLUENT LIMITS BECAME CHRONIC. IN 9/88 TCCA SET A SCHEDULE FOR EVALUATION, DESIGN, AND CONSTRUCTION OF ADDITIONAL TREATMENT COMPONENTS TO ADDRESS THE SHORTFALLS OF ITS WASTEWATER TREATMENT SYSTEM AND TO ALLOW FOR A PROJECTED INCREASE IN CHEESE PRODUCTION. ODEQ HAS ISSUED 6 NOTICES OF NONCOMPLIANCE SINCE 8/89 AND IMPOSED CIVIL PENALTIES. ON 7/23/90 AND 7/24/90 EPA CONDUCTED INSPECTIONS. THEY SHOWED NUMEROUS VIOLATIONS OF MONITORING AND REPORTING REQUIREMENTS OF THE NPDES PERMIT. IT ALSO SHOWED THAT MANY OF THE BOD AND TSS ANALYSES PERFORMED BY TCCA AS PART OF ITS REPORTING REQUIREMENTS WERE INVALID FOR A VARIETY OF TECHNICAL REASONS. RCCA USED SOME OF THESE INVALID RESULTS TO DETERMINE MONTHLY AVERAGES REPORTED ON DMR'S. INSPECTORS DISCOVERED THAT BECAUSE OF UNFAVORABLY HIGH BOD MEASUREMENTS, TCCA DID NOT ALWAYS RECORD ALL VALUES WHEN CALCULATING ACTUAL MONTHLY AVERAGES. RATHER THAN REPORT THE AVERAGE RESULT OF THE MULTIPLE TESTS AS REQUIRED BY THE PERMIT, TCCA USED THE LOWEST VALUES TO REPORT ITS MONTHLY AVERAGES. EPA CONSIDERS LACK OF ATTENTION TO THE MONITORING AND REPORTING REQUIREMENTS OF THE PERMIT TO BE VIOLATIONS OF THE SAME MAGNITUDE AS EFFLUENT LIMIT VIOLATIONS. EPA IS REQUESTING MONETARY PENALTIES AND INJUNCTIVE RELIEF UNDER CWA 301.

Defendants (1)

• TILLAMOOK CO CREAMERY ASSOCNamed in complaintNamed in settlement

Facilities (2)

• TILLAMOOK COUNTY CREAMERY

  4175 HWY 101 N, TILLAMOOK, OR, 97141

  Registry ID: 110006114276

• TILLAMOOK COUNTY CREAMERY

  4175 HWY 101 N, TILLAMOOK, OR, 97141

  Registry ID: 110006114276

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• TILLAMOOK COUNTY CREAMERYentered 1992-07-22

  Primary law: CWA

  Federal penalty: $240,000

Timeline (8 milestones)

• 1990-07-23Enforcement Action Data Entered
• 1990-09-28PRN Sent
• 1991-02-01Referred To Dept Of Justice
• 1991-02-01Complaint Filed With Court
• 1992-07-22Final Order Lodged
• 1992-07-22Final Order Entered
• 1992-07-22Concluded
• 1997-04-23Enforcement Action Closed