EPA v. Metlakatla STP (ACO)

Case summary

On August 21, 2023, Region 10 issued an administrative order on consent ( Order ) to the Metlakatla Indian Community (MIC) for its Sewage Treatment Plant (STP) located in the Metlakatla Indian Reserve on Annette Island, Alaska. MIC failed to comply with their NPDES permit effluent limits from October 2020 through December 2022 resulting in 1,391 effluent limit violations for Biochemical Oxygen Demand (BOD5), Total Suspended Solids, pH, Fecal coliform, and Dissolved Oxygen. MIC also failed to properly maintain all of their treatment systems; failed to develop and implement an Operations and Maintenance (O&M) plan; failed to develop and implement a quality assurance plan (QAP); failed to develop and implement an emergency response and public notification (ERPN) plan; and failed to achieve all of the required reporting and records retention requirements of their NPDES permit. The facility discharges effluent to Nichols Passage, beneficial uses of the receiving waters are water supply, recreation, and marine aquatic life. Separate from the terms of this Order, MIC is in the early stages of securing funding for long-term infrastructure upgrades. For purposes of this Order, to return to compliance, the Respondent has agreed to identify and implement interim compliance measures, develop and implement O&M, QAP and ERPN plans, and ensure the that the STP is operated by a certified operator. The terms of the Order also require that staff and senior leaders from both MIC and EPA meet quarterly to discuss the status of MIC's progress in achieving compliance with the Order and their NPDES permit. This settlement is one of three Orders issued to MIC to address longstanding significant noncompliance (SNC) and it furthers EPA?s National Enforcement and Compliance Initiative to improve surface water quality by assuring dischargers comply with their Clean Water Act permits. This facility is owned, operated, and located within the Metlakatla Indian Reservation and is considered to be a location with potential Environmental Justice concerns.

Defendants (1)

• Metlakatla Indian CommunityNamed in complaintNamed in settlement

Facilities (1)

• METLAKATLA SEWER TREATMENT PLANT

  100 OCEAN VIEW ROAD (ANNETTE ISLAND RESERVE), METLAKATLA INDIAN COMMUNITY, AK, 99926

  Registry ID: 110070816870

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Metlakatla STP (ACO)entered 2023-08-21

  Primary law: CWA

Timeline (3 milestones)

• 2023-06-02Enforcement Action Data Entered
• 2023-08-21Complaint Filed/Proposed Order
• 2023-08-21Final Order Issued