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Wood v. Bluff City, City of

Citation: 14 ELR 20686
No. No. 2-84-138, (E.D. Tenn., 07/11/1984)

The court approves a consent agreement resolving a citizen enforcement suit under § 505 of the Federal Water Pollution Control Act against a municipality for violations of its national pollutant discharge elimination system (NPDES) permit. The decree bars new connections or significant increases in flow from existing connections to the municipality's sewage treatment plant until it complies with specified effluent limits for two consecutive months. The defendants must pay a civil penalty of $100,000, which will be retained in a fund and used to finance treatment plant improvements or connection to another sewage treatment system. In addition, the decree stipulates penalties for violations of NPDES discharge limitations each month through July 1, 1988, with the penalties increasing with the magnitude of the violation. Defendants must let a contract within 90 days to begin construction of improvements to the treatment plant or a connection to another plant, with construction to be completed within one year of its commencement. The monthly civil penalties under the agreement are to be paid to specified state agencies and universities and the Tennessee Valley Authority for water quality and effluent monitoring and water quality improvement measures. Plaintiffs' representatives are guaranteed access to defendants' premises and records to ensure compliance with the decree through mid-1988, and the court retains jurisdiction.

Counsel for Plaintiffs
Vincent A. Sikora
Richard W. Pectol & Associates
202 E. Unaka Ave., Johnson City TN 37601
(615) 928-6106

Counsel for Defendants
J. Wesley Edens
524 Holston Ave., Bristol TN 37620
(615) 968-7709