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City of Chattanooga, Tennessee Clean Water Act Settlement

City of Chattanooga, Tennessee Clean Water Act Settlement Resources

"The EPA is working with communities across the country to address sewage overflows that impact the health of residents and impair local water quality.  Today’s agreement with the city of Chattanooga will rehabilitate their aging sewer system and promote innovative green infrastructure efforts to reduce stormwater runoff, while increasing green space in communities."- Cynthia Giles, Assistant Administrator of EPA’s Office of Enforcement and Compliance and Assurance.

(Washington, DC - July 17, 2012) The U.S. Environmental Protection Agency (EPA), the Department of Justice, the Tennessee Department of Environment and Conservation and the Office of the Tennessee Attorney General announced today a comprehensive Clean Water Act settlement with the city of Chattanooga, Tenn. Chattanooga has agreed to pay a $476,400 civil penalty and make improvements to its sewer systems, estimated by the city at $250 million, to eliminate unauthorized overflows of untreated raw sewage. Chattanooga also has agreed to implement a green infrastructure plan and perform an $800,000 stream restoration project.  

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Overview of Sewer Authority and Facility Location

The City of Chattanooga, Tennessee owns and operates a municipal wastewater collection, retention and transmission system that conveys municipal sewage to the Moccasin Bend Wastewater Treatment Plant. The system consists of separate sanitary systems and combined sewer systems. The City also collects and transports wastewater from external jurisdictions for treatment at the Moccasin Bend facility.

Violations 

Chattanooga has violated Section 301 of the Clean Water Act and terms and conditions of its National Pollutant Discharge Elimination (NPDES) permits. Chattanooga’s alleged violations include:

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Injunctive Relief

The consent decree requires Chattanooga to assess and rehabilitate the entire collection system, including implementation of comprehensive injunctive relief within approximately 15 years, with the majority of the work being done in the first 10 years.

The remedial measures include:

The City will also begin to implement a Green Infrastructure plan to reduce stormwater flows in the combined sewer portion of the City.

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Pollutant Reductions

POLLUTANT TOTAL
Total Suspended Solids (TSS) 56,813
BOD5 53,812
COD 132,679
Total Nitrogen 7,655
Total Phosphorus 1,094
Cadmium 13
Copper 43
Lead 33
Zinc 244
Volume (Mgal/yr) 73

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Health and Environmental Effects

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Civil Penalty

Chattanooga will pay $476,400 as a civil penalty for its Clean Water Act violations. The United States and the State of Tennessee will share the penalty equally. Chattanooga agreed to spend $800,000 on a supplemental environmental project to restore an impaired stream in the City. The penalty in this case was derived according to the Clean Water Act Settlement Penalty Policy.

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State Partners

The State of Tennessee and the Tennessee Clean Water Network are co-plaintiffs.

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Comment Period

Once the proposed consent decree is lodged with the Court, the settlement will be subject to a 30-day public comment period.  Information on submitting comment is available at the Department of Justice website.

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For more information, contact

Lourdes Bufill
Water Enforcement Division
1200 Pennsylvania Ave., NW (Mail Code 2243A)
Washington, DC  20460
(202) 564-5128
bufill.lourdes@epa.gov

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