EPA v. Sandy, City of WWTP

Case summary

On September 11, 2023, the United States and State of Oregon entered into a Consent Decree with the City of Sandy, Oregon, resolving violations of the Clean Water Act by the City at its municipal wastewater treatment facility. Between October 2017 and June 2022, the City's facility exceeded NPDES permit limits for biochemical oxygen demand, total suspended solids, ammonia, total residual chlorine, fecal coliform, and pH over 2,500 times. Under the Consent Decree the City is required to perform a series of measures, including: investigative efforts and corrective actions in its collection system; upgrades to its existing wastewater treatment plant; development and implementation of a Facility Plan to address long-term compliance; development and implementation of a Capacity Management, Operation, and Maintenance (?CMOM?) Program; and implementation of a Capacity Assurance Program (CAP) that regulates new sewer connections. The City will also pay a penalty of $250,000 to the United States and $250,000 to the State of Oregon, which includes application of the Municipal Litigation Tables. This settlement furthers EPA's national compliance initiative to reduce significant noncompliance and improve surface water quality by assuring discharges comply with NPDES permit requirements. This settlement will eliminate the discharge of 20,776 pounds of total suspended solids, 5,079 pounds of biochemical oxygen demand, and 2,214 pounds of ammonia to Trickle Creek.

Defendants (1)

• SANDY, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• SANDY WWTP

  33400 SE JARL RD, BORING, OR, 97009

  Registry ID: 110006696263

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Sandy, City of WWTPentered 2023-09-11

  Primary law: CWA

  Federal penalty: $250,000 · State/local: $250,000

Timeline (8 milestones)

• 2021-06-23Enforcement Action Data Entered
• 2021-06-29Referred To Dept Of Justice
• 2023-06-30Complaint Filed With Court
• 2023-06-30Final Order Lodged
• 2023-09-11Final Order Entered
• 2024-12-19Send Demand Letter
• 2026-01-12Send Demand Letter
• 2026-01-26Demand for Stipulated Penalties