Anatomy of an NPDES Enforcement Action - A Case Study

Anatomy of an NPDES Enforcement Action – A Case Study

This technical presentation provides an in-depth look at a recent enforcement action brought for violations of NPDES permit limits applicable to storm water and mine dewatering discharges. The case was initiated as a CWA citizens suit brought by the Sierra Club and subsequently preempted by a state court case brought by the Attorney General. Technical and engineering involvement was essential in identifying inaccurate alleged violations and developing workable, cost-effective compliance alternatives.

Successful resolution involved application of creative engineering solutions to bring the facility discharges into full permit compliance without escalating civil penalties available for "Economic Benefit of Noncompliance." Value was returned to the Company and the facility via final settlement terms incorporating "Supplemental Environmental Projects" for enhanced wastewater treatment facilities, restoration of riparian wetlands impacted by the violations, and participation in a local reforestation project. The entire history of the case is examined, from initiation of the action through its successful resolution, with an emphasis on technical and engineering considerations.

Learning objectives:

• Basic understanding of the Clean Water Act enforcement process for alleged NPDES violations and the potential civil penalties
• Strategies for dealing with non-governmental groups and government enforcement agencies
• Benefits of a true team approach involving legal and environmental professionals
• Importance of incorporating engineering and technical solutions in resolving compliance matters
• Identifying opportunities to return value to the affected Company through use of Supplemental Environmental Projects consistent with USEPA guidance