# PIMA CNTY-MT LEMMON
> **Judicial** · FY1980 · — · Final Order No Penalty
## Case
- **Activity ID:** `52022`
- **Case Number:** 09-1980-0014
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order No Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- ARIZONA, STATE OF (complaint) (settlement)
- PIMA CNTY-MT LEMMON (complaint) (settlement)
## Summary

NATURE OF THE CASE:                                            THIS IS A CIVIL ACTION FILED PURSUANT TO SS301 & 309    OF THE CLEAN WATER ACT, 33 U.S.C. SS1311 & 1319, AGIANST     PIMA CO. & THE STATE OF ARIZONA. PIMA CO. OWNS & OPERATES    A WASTEWATER TRMT. FACILITY LOCATED ON MT. LEMON, AZ. THE    FACILITY SERVICES 25 RESIDENTIAL CONNECTIONS IN THE          MOUNTAIN RESORT COMMUNITY OF SUMMERHAVEN, WHICH IS A         PRIVATELY-OWNED ENCLAVE SURROUNDED BY THE CORNADO NAT.       FOREST. THE FACILITY DISCHARGES EFFLUENT INTO THE SABINO     CREEK, WHICH IS THE ONLY PERENNIALLY FLOWING TROUT STREAM    WITHIN REASONABLE RECREATIONAL ACCESS OF TUSCON, AZ. THE     STATE WAS JOINED IN THE ACTION PURSUANT TO THE               REQUIREMENT OF S309(E) OF THE ACT, 33 U.S.C. OF S1319(E).    THE AZ. CENTER FOR LAW IN THE PUBLIC INTEREST WAS            ADMITTED TO THE ACTION AS A PLAINTIFF-INTERVENOR.               CAUSE OF ACTION:                                               THE AGENCY ISSUED NPDES PERMIT NO. AZ0020028 TO PIMA    CO. ON 12/31/72, TO REGULATE DISCHARGES TO SABINO CREEK.     THE SINCE-EXPIRED PERMIT HAS BEEN CONT. IN EFFECT BY         OPERATION OF S558(C) OF THE ADM. PROCEDURE ACT, 5            U.S.C.  S558(C). AT VARIOUS TIMES, PLANT EFFLUENT QUALITY    HAS VIOLATED THE TERMS OF THE PERMIT & STATE WATER           QUALITY STANDARDS. PIMA CO. ALSO VIOLATED THE                CONSTRUCTION SCHEDULES ESTABLISHED IN THE PERMIT. THE        AGENCY ISSUED 4 ADM. ORDERS TO THE CO. 

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*