# LOWELL & CEDAR LAKE, TOWNS OF
> **Judicial** · FY1983 · — · Final Order With Penalty
## Case
- **Activity ID:** `25190`
- **Case Number:** 05-1983-0002
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $40K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- LOWELL, IN, CITY OF (complaint) (settlement)
## Summary

LOWELL OPERATES A PLANT THAT TREATS SEWAGE FROM LOWELL AND FROM THE TOWN OF CEDAR LAKE.  THE PLANT WAS CONSTRUCTED WITH FEDERAL FUNDS AND IS DESIGNED TO TREAT AN AVERAGE OF TWO     MILLION GALLONS OF WASTE WATER PER DAY.  THE NPDES PERMIT    HELD BY LOWELL AUTHORIZES THE DISCHARGE OF EFFLUENT FROM THE PLANT INTO CEDAR CREEK.  THE PERMIT PROHIBITS ANY DIVERSION  OR BYPASS EXCEPT  WHERE UNAVOIDABLE TO PREVENT LOSS OF LIFE, SEVERE PROPERTY DAMAGE, EXTENDED DURATION PROCESS UPSET  OR  WHERE EXCESSIVE STORM RUNOFF WOULD DAMAGE THE FACILITY.        ALTHOUGH LOWELL INITIALLY MET ITS PERMIT'S EFFLUENT        LIMITS, MONTHLY OPERATING REPORTS FROM 1980 TO THE PRESENT   SHOW RECURRING VIOLATIONS OF LIMITS FOR FLOW, BIOCHEMICAL    OXYGEN DEMAND (BOD), AND TOTAL SUSPENDED SOLIDS (TSS).  THE  OPERATING REPORTS DEMONSTRATE THAT THE PLANT IS HYDRAULICAL- LY OVERLOADED.  THE HYDRAULIC OVERLOAD IS CAUSED IN LARGE    PART BY SEVERE INFILTRATION AND INFLOW OF STORM WATER INTO   THE TOWN OF CEDAR LAKE COLLECTION SYSTEM.                      IN ADDITION TO DISCHARGES OF IMPROPERLY TREATED SEWAGE     FROM THE PLANT, LOWELL IS RESPONSIBLE FOR DISCHARGES OF UN-  TREATED SEWAGE FROM AN UNPERMITTED OUTFALL.  LOWELL IN-      STALLED AND DURING 1981 AND 1982 OPERATED A VALVE IN AN IN-  TERCEPTOR LINE SERVING THE TOWN OF CEDAR LAKE.  LOWELL OPER- ATED THE VALVE IN ORDER TO DECREASE THE MAXIMUM FLOW OF SEW- AGE INTO ITS PLANT.  THE RESTRICTION OF FLOW DURING STORM    CONDITIONS RESULTED IN DISCHARGES OF U

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