EPA v. Metlakatla WTP (ACO)

Case summary

On August 21, 2023, Region 10 issued an administrative order on consent ( Order ) to the Metlakatla Indian Community (MIC) for its Water Treatment Plant (WTP) located in the Metlakatla Indian Reserve on Annette Island, Alaska. MIC failed to comply with their NPDES permit effluent limits from January 2019 through February 2023 resulting in 1,470 effluent limit violations for Total Suspended Solids, pH, and floating solids. MIC also failed to certify the development and implementation of a best management practices (BMP) plan. The facility discharges effluent to an unnamed channel upstream of Port Chester, beneficial uses of the receiving waters are water supply, recreation, and both freshwater and marine aquatic life. Separate from the terms of this Order, MIC has begun implementing regular clean outs of their settling pond in order to achieve effluent limit compliance. For purposes of this Order, to return to compliance, MIC must submit a revised BMP plan and identify and implement additional corrective actions if compliance with effluent limits is not achieved by compliance measures already being completed. 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 WATER TREATMENT

  1 MILE SOUTH OF METLAKATLA, METLAKATLA, AK, 99926

  Registry ID: 110011381897

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Metlakatla WTP (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