# MENOMINEE PAPER COMPANY INC.
> **Judicial** · FY1987 · — · Final Order With Penalty
## Case
- **Activity ID:** `26719`
- **Case Number:** 05-1987-0538
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $2.10M
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- MENOMINEE PAPER COMPANY INC. (complaint) (settlement)
## Summary

A CONSENT DECREE RESOLVING CLAIMS AGAINST THE CITY OF MENO MINEE WAS ENTERED ON OCT. 2, 1989.  THE DECREE REQUIRES MENO MINEE TO UPGRADE ITS WASTEWATER TREATMENT PLANT IN ORDER TO  MEET EFFLUENT LIMITATIONS SPECIFIED IN THE CITY'S NAT'L POL- LUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES ) PERMIT AND UN- DERTAKE CERTAIN ACTIONS AND STUDIES RELATED TO CONTROLLING   COMBINED SEWER OVERFLOWS.  THE STUDIES AND RESULTING WORK    ARE ESTIMATED TO COST UPWARDS OF $750,000.  THE DECREE ALSO  PROVIDES FOR PAYMENT OF A CIVIL PENALTY OF $105,000 FOR A    COMMUNITY OF SLIGHTLY OVER 10,000 PEOPLE.                      THE U.S. HAD ASSERTED THAT MPC'S DISCHARGES WERE GOVERNED  BY A 1973 NPDES PERMIT.  MPC ARGUED THAT A  DRAFT PERMIT     WHICH WAS INCORPORATED BY REFERENCE INTO A 1979 CONSENT      JUDGMENT BETWEEN THE STATE OF MICHIGAN AND MPC CONTROLLED    MPC DISCHARGES TO THE MENOMINEE RIVER.                         JUDGE HILLMAN CONSIDERED AND REJECTED MPC ARGUMENTS THAT   REGION V DID NOT RAISE A TIMELY AND SUFFICIENT OBJECTION TO  THE 1979  PROPOSED PERMIT  THEREBY ALLOWING THE  PROPOSED    PERMIT  TO TAKE EFFECT AND SUPERSEDE THE VALID 1973 NPDES    PERMIT.  JUDGE HILLMAN FOUND THE USEPA OBJECTION VALID, BE-  CAUSE USEPA HAD MET ITS BURDEN OF SHOWING THAT IT HAD MADE A TIMELY OBJECTION AND THAT THE OBJECTION ADEQUATELY STATED    WHY THE ISSUANCE OF THE PERMIT WOULD NOT COMPLY W/ THE CWA.  ANY OBJECTION RAISED BY USEPA WOULD HAVE TO CONTAIN A STATE- MENT OF THE EFFLUENT LIMITATIONS USEPA

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