THIS IS A MOM CASE AGAINST THE CITY OF MOBILE, ALABAMA, AND THE MOBILE BOARD OF WATER AND SEWER COMMISSIONERS, FOR VIOLATIONS OF NPDES PERMITS AND REGULATIONS AT THREE POTWS. THIS IS A SELF-AUDIT CASE BUT COMPLICATED BY A CITIZENS' SUIT BROUGHT BY MOBILE BAYWATCH, INC., AND AN ENFORCEMENT ACTION BY ADEM. NEGOTIATIONS ARE IN THE CONTEXT OF THOSE OTHER PARTIES, WHOSE ACTIONS ARE STAYED AT PRESENT TO ENABLE EPA TO COME INTO THE CASE. PREREFERRAL NEGOTIATIONS BEGAN IN FALL OF 1999, WITH FULL PARTICIPATION OF DOJ. THE CASE SEEKS FULL COMPLIANCE WITH EXISTING PERMITS AND OTHER REGULATORY REQUIREMENTS, AND WILL SEEK A PENALTY CALCULATED TO ACHIEVE DETERRENCE BUT RECOGNIZING THE SIZE AND NATURE OF THE DEFENDANT. SEPS ARE POSSIBLE.
10/25/11 - NOTICE OF TERMINATION. PLAINTIFF THE U.S. OF AMERICAN HEREBY GIVES NOTICE TO THE COURT AND HTE PARTIES ... THAT THE CONSENT DECREE IS TERMINATED. DEFENDANT, THE BOARD OF WATER AND SEWER COMMISSIONERS OF THE CITY OF MOBILE, ALABAMA, HAS SATISFACTORILY COMPLETED ALL REQUIREMENTS OF PARAGRAPH 105 OF THE CONSENT DECREE...