United States of America v. Middletown

Case: 1:18-cv-00090-SJD Doc #: 1 Filed: 02/09/18 Page: 1 of 17 PAGEID #: 1
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO
)
UNITED STATES OF AMERICA, )
)
and )
)
THE STATE OF OHIO, )
)
Plaintiffs, )
) Civil Action No. 18-cv-90
v. )
)
THE CITY OF MIDDLETOWN, OHIO, )
)
)
Defendant. )
_______________________________________)
COMPLAINT
The United States of America, by authority of the Attorney General of the United States,
and on behalf of the Administrator of the United States Environmental Protection Agency (“U.S.
EPA”), and the State of Ohio (“State”), by the authority of its Attorney General and on behalf of
the Ohio Environmental Protection Agency (“OEPA”), allege as follows:
Nature of Action
This is a civil action brought by the United States and the State under the Clean Water
Act (“CWA”) against the City of Middletown, Ohio. For many years, Middletown has illegally
discharged sewage and other pollutants from its sewage collection and treatment systems to the
Great Miami River. Pursuant to Sections 309(b) and (d) of the CWA, 33 U.S.C. § 1319(b) and
(d), this action seeks injunctive relief and the assessment of civil penalties against Middletown
for violations of the conditions and limitations of Middletown’s National Pollutant Discharge
Elimination System (“NPDES”) permits.
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Jurisdiction, Venue, Authority, and Notice
1. This Court has jurisdiction over the subject matter of this action pursuant to
Section 309(b) of the CWA, 33 U.S.C. § 1319(b), and 28 U.S.C. §§ 1331, 1345, and 1355. The
State of Ohio (“State”) is a party to this action pursuant to Section 309(e) of the CWA, 33 U.S.C.
§ 1319(e).
2. This Court has supplemental jurisdiction over the State law claims alleged herein
pursuant to 28 U.S.C. § 1367(a) because the State claims are related to the federal claims and
form part of the same case or controversy.
3. Venue is proper in the Southern District of Ohio pursuant to Section 309(b) of the
CWA, 33 U.S.C. § 1319(b), and 28 U.S.C. § 1391(b), because Middletown is located in this
judicial district and the alleged violations occurred in this district.
4. As a signatory to this Complaint, the State has actual notice of the commencement
of this action in accordance with Section 309(b) of the CWA, 33 U.S.C. § 1319(b).
5. The Attorney General of the United States is authorized to appear and represent
the United States in this action pursuant to Section 506 of the CWA, 33 U.S.C. § 1366, and 28
U.S.C. §§ 516 and 519.
6. The Ohio Attorney General is authorized to appear and represent the State in this
action pursuant to Ohio Rev. Code § 6111.07(B).
The Parties
7. Plaintiff United States is acting on behalf of the Administrator of EPA.
8. Plaintiff State of Ohio is acting at the request and on behalf of the Director of
OEPA. Plaintiff State of Ohio is a “State” and “person” within the meaning of Section 502(4)
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and (5) of the CWA, 33 U.S.C. § 1362(4) and (5), and a “person” within the meaning of Ohio
Rev. Code § 6111.01(I).
9. Section 309(e) of the CWA requires that a state be joined as a party when the
United States sues a municipality of the State. The State of Ohio is a co-plaintiff, along with the
United States, in this action.
10. Defendant City of Middletown is a political subdivision of the State of Ohio
located in Butler and Warren Counties in Ohio. Middletown is a “municipality” and a “person”
within the meaning of Sections 502(4) and (5) of the CWA, 33 U.S.C. §§ 1362(4) and (5), and a
“person” within the meaning of Ohio Rev. Code § 6111.01(I) and Ohio Admin. Code 3745-33-
01(Z).
11. Middletown owns and operates a wastewater treatment plant, a system of
interceptors, and other wastewater conveyance and treatment equipment and infrastructure
(collectively, the “sewer system”). Middletown’s sewer system includes combined sewers,
which convey both sanitary sewage and storm water, and separate sewers, which convey only
sanitary sewage.
Statutory Background
Federal Clean Water Act
12. Section 301(a) of the CWA, 33 U.S.C. § 1311(a), prohibits the “discharge of any
pollutant” by any person into navigable waters of the United States except in compliance with
that Section, and, where applicable, an NPDES permit issued by U.S. EPA or an authorized state
pursuant to Section 402 of the Act, 33 U.S.C. § 1342.
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13. Section 502(12) of the CWA defines “discharge of a pollutant” to mean, among
other things, “any addition of any pollutant to navigable waters from any point source.” 33
U.S.C. § 1362(12).
14. Section 502(6) of the CWA defines “pollutant” to include sewage. 33 U.S.C. §
1362(6).
15. Section 502(14) of the CWA defines a “point source” as “any discernible,
confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel . .
. from which pollutants are or may be discharged.” 33 U.S.C. § 1362(14).
16. Section 502(7) of the CWA defines “navigable waters” as “the waters of the
United States, including the territorial seas.” 33 U.S.C. § 1362(7). “Waters of the United States”
has been further defined to include, among other things: (1) all waters that are currently used,
were used in the past, or may be susceptible to use in interstate or foreign commerce, including
all waters that are subject to the ebb and flow of the tide; (2) all interstate waters; and (3)
tributaries of such waters. 40 C.F.R. § 122.2.
17. Section 402(a) of the CWA, 33 U.S.C. § 1342(a), provides that U.S. EPA may
issue NPDES permits to “persons” that authorize the discharge of any pollutant to navigable
waters, but only in compliance with Section 301 of the CWA, 33 U.S.C. § 1311, and such terms
and conditions as U.S. EPA determines are necessary to carry out the provisions of the CWA.
18. Section 402(b) of the CWA provides that a state may establish and administer its
own permit program, and, after U.S. EPA authorizes the program, may issue NPDES permits.
33 U.S.C. § 1342(b). At all times relevant to this Complaint, the Ohio Environmental Protection
Agency (“OEPA”) has been authorized by U.S. EPA to administer an NPDES permit program
regulating discharges of pollutants into navigable waters within its jurisdiction.
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19. U.S. EPA’s Combined Sewer Overflow Control Policy, 59 Fed. Reg. 18688,
(“U.S. EPA’s CSO Control Policy”) provides guidance to municipalities on how to meet the
Clean Water Act’s pollution control requirements.
State Law
20. Ohio Rev. Code § 6111.04 prohibits any person from causing pollution or placing
or causing to be placed “any sewage, sludge, sludge materials, industrial waste or other wastes in
a location where they cause pollution of any waters of the state” unless that person holds a valid
permit to do so.
21. Ohio Rev. Code § 6111.01(H) defines “waters of the state” as “all streams, lakes,
ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems,
and other bodies or accumulations of water, surface and underground, natural or artificial,
regardless of the depth of the strata in which underground water is located, that are situated
wholly or partly within, or border upon, this state, or are within its jurisdiction, except those
private waters that do not combine or effect a junction with natural surface or underground
waters.”
22. Ohio Rev. Code § 6111.07(A) prohibits any person from violating any duty
imposed by Ohio Rev. Code §§ 6111.01 to 6111.08, any rule adopted pursuant to Ohio Rev.
Code Chapter 6111, or any term or condition of a permit issued by the Director of Ohio EPA.
Federal and State Enforcement Provisions
23. Section 309(b) of the CWA, 33 U.S.C. § 1319(b), authorizes U.S. EPA to
commence a civil action for appropriate relief, including a permanent or temporary injunction,
when any person violates, among other things, Section 301 of the CWA, 33 U.S.C. § 1311, or
any condition or limitation of an NPDES permit.
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24. Section 309(d) of the CWA, 33 U.S.C. § 1319(d), provides that any person who
violates, among other things, Section 301 of the CWA, 33 U.S.C. § 1311, or who violates any
condition or limitation of an NPDES permit issued pursuant to Section 402 of the CWA, 33
U.S.C. §1342, shall be subject to a civil penalty not to exceed $25,000 per day of violation, as
adjusted over time, with each day in which a violation occurs constituting a separate violation.
25. Under the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended
by the Debt Collection Improvement Act of 1996 and the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015, 28 U.S.C. § 2461 note: Pub. L.114-74, § 701, CWA
statutory penalties have been adjusted for inflation through 40 C.F.R. § 19.4. As adjusted for
inflation pursuant to statute, the relevant maximum civil penalties under Section 309(d) of the
CWA are:
 $32,500 per day per violation for violations occurring from March 16, 2004 through
January 12, 2009;
 $37,500 per day per violation for violations occurring from January 13, 2009 through
November 2, 2015;
 $51,570 per day per violation for violations that occurred from November 3, 2015
through January 14, 2017; and
 $52,414 per day per violation for violations that occurred on or after January 15, 2017.
26. Ohio Rev. Code § 6111.07(B) authorizes the Ohio Attorney General to commence
a civil action against any person who violates or is threatening to violate Ohio Rev. Code
Chapter 6111 or any rule adopted or permit issued pursuant to that chapter.
27. Ohio Rev. Code § 6111.09(A) provides that any person who violates Ohio Rev.
Code Chapter 6111 or any rule adopted or permit issued pursuant to that chapter is subject to a
civil penalty of up to $10,000 per day for each day of violation.
General Allegations
Middletown’s Sewer System
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28. Middletown owns and operates a “treatment works” and a “publicly owned
treatment works (“POTW”)” as those terms are defined in U.S. EPA’s regulations implementing
the CWA. CWA § 212(2), 33 U.S.C. § 1292(2); 40 C.F.R. § 122.2 (cross-referencing the
definition at 40 C.F.R. § 403.3). Middletown’s POTW consists of a wastewater treatment plant
and the sewage collection system for the plant.
29. Middletown’s POTW collects, conveys, treats, and disposes of sanitary sewage
from the City of Middletown, covering an area of approximately 10,000 square acres and serving
approximately 52,000 people.
30. Middletown’s wastewater treatment plant has an average peak design flow of 40
million gallons per day.
31. Middletown owns and operates a collection system that consists of approximately
342 miles of pipe that convey sewage and other pollutants to the wastewater treatment plant.
The collection system includes “combined sewers” (i.e., pipes that carry both sewage and
stormwater in the same pipe) and “sanitary sewers” (i.e., pipes that are designed to carry sewage
only).
32. Middletown discharges wastewater containing pollutants from Middletown’s
wastewater treatment plant to the Great Miami River. Middletown also discharges wastewater
containing pollutants through eight CSO outfalls to the Great Miami River.
Middletown’s NPDES Permits
33. At all times relevant to this Complaint, the State has been authorized by U.S.
EPA, pursuant to Section 402 of the CWA, 33 U.S.C. § 1342, to administer an NPDES permit
program for regulating discharges of pollutants into navigable waters within its jurisdiction.
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34. On or about June 30, 2003, OEPA, under the authority of Section 402 of the
CWA, 33 U.S.C. § 1342, issued NPDES Permit No. 1PE00003*LD (OH0026522) (the “2003
Permit”) to Middletown. The 2003 Permit became effective on August 1, 2003.
35. On or about June 26, 2009, OEPA, under the authority of Section 402 of the
CWA, 33 U.S.C. § 1342, issued NPDES Permit No. 1PE00003*ND (OH0026522) (the “2009
Permit”) to Middletown. The 2009 Permit became effective on August 1, 2009 and superseded
the 2003 Permit. The 2009 Permit was scheduled to expire on January 31, 2014 but continues to
apply. Pursuant to Ohio Rev. Code § 119.06 and Ohio Admin. Code 3745-33-04(D), the terms
and conditions of the 2009 Permit will continue in force until, and then pursuant to, a final
administrative disposition of Middletown’s application for permit renewal. The 2003 Permit and
the 2009 Permit shall be referred to collectively as “Middletown’s Permits” or “the Permits.”
36. The Permits authorize the discharge of effluent from Middletown’s wastewater
treatment plant and collection system only in compliance with the conditions and limitations set
forth in those permits.
37. Part I.A of the Permits authorizes Middletown to discharge from a single,
designated outfall at the wastewater treatment plant, “Outfall 001,” subject to certain effluent
limitations. Outfall 001 discharges to the Great Miami River.
38. Part I.A. of the Permits provides that for Outfall 001, the maximum daily
concentration effluent limit for total residual chlorine in the summer (May 1 through October 31
of each year) is 0.037 milligrams/liter (“mg/l”), with samples required to be taken daily.
39. Middletown uses chlorine to disinfect wastewater prior to its discharge to a
waterway, but excessive chlorine can be toxic to aquatic life.
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40. Part I.A. of the Permits provides that for Outfall 001, the average weekly
concentration effluent limit for ammonia as nitrogen in the summer is 3.5 mg/l, with samples
required to be taken daily.
41. Part I.A. of the Permits provides that for Outfall 001, the average monthly
concentration effluent limit for ammonia as nitrogen in the summer is 2.0 mg/l, with samples
42. Part I.A. of the Permits provides that for Outfall 001, the weekly average loading
(quantity) effluent limit for ammonia as nitrogen in the summer is 344 kg/day, with samples
43. When present in the water, ammonia breaks down into its chemical components,
including nitrogen. Excessive nitrogen can cause overstimulation of growth to aquatic plants and
algae. Excessive growth of these organisms can lead to eutrophication and dissolved oxygen
depletion in water bodies, which occurs when the decomposition of algae and other plants
consumes dissolved oxygen in the water. Eutrophication can produce unsightly scums of algae
on the water surface and deprivation of oxygen for other organisms like fish and amphibians.
Without sufficient light and oxygen, plant and animal populations can experience reduced
growth rates, reduced reproductive success, decreased population size, and increased mortality,
among other harmful effects.
44. Part I.A. of the Permits provides that for Outfall 001, the average weekly
concentration effluent limit for fecal coliform in the summer is 2000 colonies per 100 ml, with
samples required to be taken daily.
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45. Fecal coliform is a bacterium that indicates the presence of fecal material from
warm-blooded animals, including humans. Fecal material from warm-blooded animals can
include disease-causing organisms, such as those that cause typhoid, dysentery, and cholera.
46. Part I.A. of the Permits provides that for Outfall 001, the daily minimum effluent
limit for pH level is 6.5, with samples required to be taken daily.
47. Part I.A. of the Permits provides that for Outfall 001, the daily maximum effluent
limit for pH level is 9.0, with samples required to be taken daily.
48. pH levels outside a certain range can reduce biological diversity in streams, stress
the physiological systems of most organisms, and reduce reproduction.
49. The Permits authorize Middletown to discharge pollutants to the Great Miami
River from eight combined sewer overflow (“CSO”) locations identified in Part II.E of the
Permits. CSO Outfalls 003 – 007 discharge directly to the Great Miami River. CSO Outfalls
008 – 010 discharge to the Great Miami River through the Middletown Hydraulic Canal.
50. Middletown’s CSO discharges are subject to certain limitations and conditions.
These limitations and conditions include, but are not limited to, the “General Effluent
Limitations” set forth in Part III.2 of the Permits, which provide that:
“The effluent shall, at all times, be free of substances:

A. In amounts that will settle to form putrescent, or otherwise objectionable,
sludge deposits; or that will adversely affect aquatic life or water fowl;
B. Of an oily, greasy, or surface-active nature, and of other floating debris, in
amounts that will form noticeable accumulations of scum, foam or sheen;
C. In amounts that will alter the natural color or odor of the receiving water
to such degree as to create a nuisance;
D. In amounts that either singly or in combination with other substances are
toxic to human, animal, or aquatic life;
E. In amounts that are conducive to the growth of aquatic weeds or algae to
the extent that such growths become inimical to more desirable forms of
aquatic life, or create conditions that are unsightly, or constitute a nuisance
in any other fashion;
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F. In amounts that will impair designated instream or downstream water

uses.”
51. The State has designated the Great Miami River as a “Class A primary contact
recreation” water body during the recreational season, which extends from May 1 to October 31
annually.
52. Under Ohio law, “criteria” are defined as “elements of water quality standards,
expressed as constituent concentrations, levels, or narrative statements, representing a quality of
water that supports a particular designated use.” Ohio Admin. Code 3745-1-02(B)(23). The
criteria for supporting Class A primary contact recreational uses is based on the bacterium
Escherichia coli, commonly referred to as E. coli. A water body is not supported for Class A
primary contact recreational uses when more than 10% of samples taken during any thirty-day
period exceed 298 colonies of E. coli per 100 ml of water collected or when the seasonal
geometric mean of samples exceeds 126 colonies of E. coli per 100 ml of water collected. Ohio
Admin. Code 3745-1-07, Table 7-13.
53. E. coli is a bacterium that indicates the presence of fecal material from warm-
blooded animals, including humans. Fecal material from warm-blooded animals can include
disease-causing organisms, such as those that cause typhoid, dysentery, hepatitis A, and cholera.
54. Part II.G of the Permits authorizes Middletown to discharge from the CSO
locations identified in the Permits “only during wet weather periods when the flow in the sewer
system exceeds the capacity of the sewer system.”
55. Part I.B of the Permits requires Middletown to monitor its CSOs and submit
monthly operating reports to OEPA. The Permits require Middletown to monitor and report: the
volume and duration of each CSO discharge; total suspended solids in each CSO discharge,
11
measured once per month; fecal coliform in each CSO discharge, measured once per month; and
carbonaceous biochemical oxygen demand in each CSO discharge, measured once per month.
First Claim for Relief
Outfall 001 – Violations of Effluent Limitations for Chlorine, Ammonia,

Fecal Coliform, Total Suspended Solids, and pH
56. Paragraphs 1 through 55 are realleged and incorporated herein by reference.
57. At various times since 2008, Middletown has discharged pollutants from Outfall
001 in amounts and quality that violated the conditions and limitations of the Permits, including
Part I.A’s effluent limitations for chlorine, ammonia as nitrogen, fecal coliform, total suspended
solids, and pH.
58. For each instance where discharges from Outfall 001 exceeded Part I.A’s effluent
limitations for chlorine, ammonia as nitrogen, fecal coliform, total suspended solids, or pH,
Middletown is in violation of a condition or limitation in the applicable Permit. Each day of the
averaging period for each instance of exceedance constitutes a separate violation.
59. Unless enjoined by the Court, Middletown will continue to violate its Permit.
60. For each violation referred to in this claim, Middletown is subject to injunctive
relief and civil penalties pursuant to Section 309(b) and (d) of the CWA, 33 U.S.C. § 1319(b)
and (d), and Ohio Rev. Code § 6111.07(B).
61. As described in Paragraph 25, Middletown is liable for civil penalties payable to
the United States of up to $32,500 per day for each violation occurring from March 16, 2004
through January 12, 2009, up to $37,500 per day for each violation occurring from January 13,
2009, through November 2, 2015, up to $51,570 per day for each violation occurring from
November 3, 2015, through January 14, 2017, and up to $52,414 per day for each violation
occurring on or after January 15, 2017.
12
the State of up to $10,000 per day for each day of violation.
Second Claim for Relief
CSOs – Violation of General Effluent Limitations
64. At various times since 2008, Middletown discharged pollutants from designated
CSO outfalls specified in the Permits in amounts and quality that violated the conditions and
limitations of the Permits, including the General Effluent Limitations set forth in Part III.2,
which provide that “effluent shall, at all times, be free of substances . . . [i]n amounts that will
impair designated instream or downstream water uses.”
65. Each discharge from a designated CSO outfall that violated a condition or
limitation of Part III.2 of the applicable Permit constitutes a separate violation for each discharge
on each day from each CSO outfall.
13
Third Claim for Relief
CSOs – Prohibited Dry Weather Discharges
71. At various times since 2008, Middletown has discharged pollutants from some or
all of the CSO outfalls identified in Part II.E of the Permits during times that were not “wet
weather periods,” in violation of Part II.G of the Permits.
72. Each of the foregoing discharges violates a condition or limitation in the
applicable Permit and constitutes a separate violation for each day of each discharge from each
location.
14
Fourth Claim for Relief
Failure to Monitor and/or Report the Results for Total Suspended Solids, Fecal Coliform,
and Carbonaceous Biochemical Oxygen Demand
78. At various times since 2008, Middletown failed to monitor and/or report the
results for some or all of the CSO outfalls identified in Part II.E of the Permits in the manner
required by Part I.B of the Permits.
79. For each instance of failing to monitor and/or report the results for total
suspended solids, fecal coliform, and carbonaceous biochemical oxygen demand as prescribed
under the Permits, Middletown violated a condition or limitation of Part I.B of the applicable
Permit.
Prayer for Relief
15
WHEREFORE, Plaintiffs the United States of America and the State of Ohio respectfully
request that this Court provide the following relief:
1. A permanent injunction directing Middletown to take all steps necessary,
including development and implementation of a Long Term Control Plan as provided for in U.S.
EPA’s CSO Control Policy, to come into permanent and continuous compliance with all
conditions and limitations of the Permits, including but not limited to:
A. the conditions in the Permits prohibiting discharges of pollutants from Outfall 001
except as authorized by the Permits;
B. the conditions in the Permits prohibiting discharges of pollutants from CSO
outfalls except as authorized by the Permits;
C. the Permits’ prohibition of dry weather discharges from CSO outfalls;
D. the monitoring and reporting requirements set forth in the Permits;
2. A judgment assessing civil penalties against Middletown and in favor of the
United States, up to $32,500 per day for each violation occurring after March 15, 2004 through
January 12, 2009; up to $37,500 per day for each violation occurring after January 12, 2009
through November 2, 2015; $51,570 per day per violation for each violation occurring after
November 3, 2015 through January 14, 2017; and $52,414 per day for each violation occurring
after January 14, 2017.
3. A judgment assessing civil penalties against Middletown and in favor of the State
of Ohio, up to $10,000 per day for each violation;
4. An award to the United States and the State of their respective costs and
disbursements in this action; and
5. Such other relief as this Court deems appropriate.
16
Respectfully submitted,
For the United States of America
JEFFREY H. WOOD
Acting Assistant Attorney General
Environment and Natural Resources Division
United States Department of Justice
s/ Nicholas A. McDaniel_______________
NICHOLAS A. McDANIEL
ROBERT DARNELL
Trial Attorneys
Environmental Enforcement Section
P.O. Box 7611
Ben Franklin Station
Washington, D.C. 20044-7611
Phone: (202) 514-0096
Fax: (202) 616-6584
BENJAMIN C. GLASSMAN
United States Attorney
Southern District of Ohio
MATTHEW HORWITZ
Assistant United States Attorney
221 E. Fourth Street, Suite 400
Cincinnati, OH 45202
For the State of Ohio
MIKE DeWINE
Ohio Attorney General
By: s/ L. Scott Helkowski

L. SCOTT HELKOWSKI
Assistant Attorney General
30 E. Broad Street, 25th Floor
Columbus, Ohio 43215-3400
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Case: 1:18-cv-00090-SJD Doc #: 1-1 Filed: 02/09/18 Page: 1 of 2 PAGEID #: 18
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Clean Water Act, 33 U.S.C. § 1251 et seq.
VI. CAUSE OF ACTION Brief description of cause:
Governmental environmental enforcement action under the Clean Water Act related to city sewer system
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Case: 1:18-cv-00090-SJD Doc #: 1-1 Filed: 02/09/18 Page: 2 of 2 PAGEID #: 19
ATTACHMENT TO CIVIL COVER SHEET
List of counsel in United States and State of Ohio v. City of Middletown, Ohio (S.D. of
Ohio):
For the United States:
Nicholas A. McDaniel
Robert Darnell
P.O. Box 7611, Ben Franklin Station
Washington, D.C. 20044-7611
Telephone: 202-514-0096
Nicholas.A.McDaniel@usdoj.gov
For the State of Ohio:
L. Scott Helkowski
Assistant Attorney General
30 E. Broad Street, 25th Floor
Columbus, Ohio 43215-3400
Telephone: 614-466-2766
Lawrence.Helkowski@ohioattorneygeneral.gov
For the City of Middletown, Ohio:
Vincent Atriano
Andrew Etter
Squire Patton Boggs
2000 Huntington Center
41 South High Street
Columbus, Ohio 43215
Telephone: 614-365-2783
Vincent.Atriano@squirepb.com
Andrew.Etter@squirepb.com

United States of America v. Middletown

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United States of America v. Middletown

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Case: 1:18-cv-00090-SJD Doc #: 1 Filed: 02/09/18 Page: 1 of 17 PAGEID #: 1

IN THE UNITED STATES DISTRICT COURT

the Ohio Environmental Protection Agency (“OEPA”), allege as follows:

Elimination System (“NPDES”) permits.

Jurisdiction, Venue, Authority, and Notice

form part of the same case or controversy.

judicial district and the alleged violations occurred in this district.

U.S.C. §§ 516 and 519.

action pursuant to Ohio Rev. Code § 6111.07(B).

7. Plaintiff United States is acting on behalf of the Administrator of EPA.

Rev. Code § 6111.01(I).

United States, in this action.

10. Defendant City of Middletown is a political subdivision of the State of Ohio

11. Middletown owns and operates a wastewater treatment plant, a system of

Federal Clean Water Act

pursuant to Section 402 of the Act, 33 U.S.C. § 1342.

. from which pollutants are or may be discharged.” 33 U.S.C. § 1362(14).

tributaries of such waters. 40 C.F.R. § 122.2.

regulating discharges of pollutants into navigable waters within its jurisdiction.

Clean Water Act’s pollution control requirements.

Federal and State Enforcement Provisions

any condition or limitation of an NPDES permit.

civil penalty of up to $10,000 per day for each day of violation.

Middletown’s Sewer System

definition at 40 C.F.R. § 403.3). Middletown’s POTW consists of a wastewater treatment plant

and the sewage collection system for the plant.

approximately 52,000 people.

million gallons per day.

32. Middletown discharges wastewater containing pollutants from Middletown’s

Middletown’s NPDES Permits

Permit”) to Middletown. The 2003 Permit became effective on August 1, 2003.

forth in those permits.

limitations. Outfall 001 discharges to the Great Miami River.

39. Middletown uses chlorine to disinfect wastewater prior to its discharge to a

waterway, but excessive chlorine can be toxic to aquatic life.

required to be taken daily.

required to be taken daily.

required to be taken daily.

among other harmful effects.

samples required to be taken daily.

limit for pH level is 6.5, with samples required to be taken daily.

limit for pH level is 9.0, with samples required to be taken daily.

the physiological systems of most organisms, and reduce reproduction.

“The effluent shall, at all times, be free of substances:

F. In amounts that will impair designated instream or downstream water

expressed as constituent concentrations, levels, or narrative statements, representing a quality of

Admin. Code 3745-1-07, Table 7-13.

system exceeds the capacity of the sewer system.”

First Claim for Relief

Outfall 001 – Violations of Effluent Limitations for Chlorine, Ammonia,

56. Paragraphs 1 through 55 are realleged and incorporated herein by reference.

solids, and pH.

averaging period for each instance of exceedance constitutes a separate violation.

and (d), and Ohio Rev. Code § 6111.07(B).

occurring on or after January 15, 2017.

the State of up to $10,000 per day for each day of violation.

Second Claim for Relief

CSOs – Violation of General Effluent Limitations

63. Paragraphs 1 through 55 are realleged and incorporated herein by reference.

impair designated instream or downstream water uses.”

on each day from each CSO outfall.

and (d), and Ohio Rev. Code § 6111.07(B).

occurring on or after January 15, 2017.

the State of up to $10,000 per day for each day of violation.