# JOHNSTOWN, CITY OF
> **Judicial** · FY1985 · — · Final Order With Penalty
## Case
- **Activity ID:** `9847`
- **Case Number:** 03-1985-0051
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $184K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- JOHNSTOWN, CITY OF (complaint) (settlement)
## Summary

CITY OF JOHNSTOWN OWNS & OPERATES, THRU ITS BUREAU OF SEW- AGE, A 12 MGD PRIMARY SEWAGE TREATMENT PLANT SERVING APPROX- IMATELY 92,000 PEOPLE. ONLY ABOUT 2.5% OF THE PLANT'S DRY    WEATHER FLOW IS INDUSTRIAL. THE COMMONWEALTH OF PA MUST BE   JOINED AS A PARTY TO ANY CIVIL ACTION AGAINST JOHNSTON. THE  POTW DISCHARGES INTO THE CONEMAUGH RIVER IN CAMBRIA CO, PA.    DEF'S POTW, BEING A PRIMARY, HAS NOT MET & CAN NOT MEET    THE STATUTORILY MANDATED 2NDARY SEWAGE TREATMENT LIMITATIONS CONTAINED IN ITS NPDES PERMIT(S), & WILL NOT BE ABLE TO DO   SO BY 7/1/88 UNLESS THE COMMITMENT IS SOON MADE TO CONSTRUCT W/O CONSTRUCTION GRANT FUNDS. IN ADDITION, DEF HAS NOT SUBMI TTED AN APPROVABLE POTW PRETREATMENT PROGRAM AS REQUIRED BY  THE PRETREATMENT REGULATION, EPA ADINISTRATIVE ORDER & ITS   CURRENT NPDES PERMIT, DUE TO A LACK OF INTERJURISDICTIONAL   AGREEMENTS. FINALLY, DEF NEEDS TO IMPROVE ITS SEWER MAINTEN- ANCE & REHABILITATION PROGRAM TO ELIMINATE DRY WEATHER BY-   PASSING.                                                       EPA'S AUTHORITY IS PROVIDED BY SEC 301, 309 & 402 OF THE   CWA, 33 USC SECS 1311, 1319 & 1342.                            REG 3 SEEKS A CD OR COURT ORDER REQUIRING DEF TO CONSTRUCT A 2NDARY SEWAGE TREATMENT PLANT, TO EXECUTE AGREEMENTS W/ITS OUTLYING USER JURISDICTIONS REGARDING ENFORCEMENT OF PRE-    TREATMENT REQUIREMENTS, TO IMPROVE ITS SEWER INSPECTION,     MAINTENANCE & REHABILITATION PROGRAM TO ELIMINATE DRY WEATH- ER BYPASSING, & TO COMPLY W/THE EFFLUE

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