# ROCHESTER (MI), CITY OF
> **Administrative - Formal** · FY1997 · — · Final Order With Penalty
## Case
- **Activity ID:** `30338`
- **Case Number:** 05-1997-0408
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $12K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- CITY OF ROCHESTER (complaint) (settlement)
## Summary

THIS IS A CLEAN WATER ACT ADMINISTRATIVE (PENALTY) COMPLAINT  FOR VIOLATIONS OF 33 U.S.C.  1311 AND 1342. THE EPA FIRST ISSUED A PRE-FILING (WARNING) NOTICE LETTER. THE RESPOND-    ENT'S REPLY WAS INFORMATION THAT MAY BE USED IN MITIGATION   OF THE PENALTY AMOUNT, BUT DID NOT INDICATE A REASON NOT TO  GO FORWARD WITH ENFORCEMENT.                                  EFFECTIVE 6/30/94, THE CITY OF ROCHESTER WASTEWATER TREAT-  MENT PLANT (WWTP) CEASED IT DIRECT WASTEWATER DISCHARGE TO   THE CLINTON RIVER.  THE WWTP CONNECTED TO THE CLINTON/OAK-   LAND INTERCEPTOR AND IS DISCHARGING TO THE CITY OF DETROIT'S TREATMENT SYSTEM.                                            BASED ON INFORMATION AND WITNESS STATEMENTS SUPPLIED BY MDEQ (AND ITS PREDECESSOR AGENCY--MDNR), EPA DETERMINED THAT      ROCHESTER HAD FAILED TO ADEQUATELY INSTITUTE, OPERATE UNDER  AND MAINTAIN A CWA/NPDES MANDATED PRETREATMENT PROGRAM,      BETWEEN 1992 AND 1994.  FURTHER, ROCHESTER HAD AN INSTANCE   OF A MONTH LONG SERIES OF EXCEEDANCES OF SOME HAZARDOUS      WASTES AT ITS PRETREATMENT PLANT IN JULY 1993, IN VIOLATION  OF ITS NPDES PERMIT. IN SEPTMEBER 1997, EPA FILED AN AD-     MINISTRATIVE COMPLAINT & PROPOSED PENALTY ORDER ($100,000).  ROCHESTER RESPONDED, FILED AN ANSWER, AND THEN THE PARTIES   ATTEMPTED TO NEGOTIATE A SETTLEMENT.  EPA LATER HAD TO FILE  A PREHEARING EXCHANGE, AND (AFTER INTERVIEWING THE CHIEF     MDEQ WITNESSES) AMENDED THE COMPLAINT AND PROPOSED PENALTY   FIGURE ($48,000).  EPA AND ROCHESTER

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