FOR IMMEDIATE RELEASE ENR FRIDAY, APRIL 5, 1996 (202) 514-2008 TDD (202) 514-1888 D.C. WILL OVERHAUL BLUE PLAINS TREATMENT PLANT RESOLVES JUSTICE, EPA LAWSUIT AT LARGEST U.S. SEWAGE FACILITY WASHINGTON, D.C. -- The United States and the District of Columbia announced an agreement today designed to halt and reverse the physical deterioration of Southwest D.C.'s Blue Plains sewage treatment plant, the largest advanced wastewater treatment plant in the country. Implementing the agreement will ensure that area citizens will be protected from any public health threat. The District has agreed to make significant upgrades and repairs estimated to cost $20 million over the next two years. It also requires the District to operate properly and maintain the treatment facility to ensure compliance with the terms and conditions of its operating permit. The agreement, filed today in a federal court in D.C., resolves a Department of Justice and Environmental Protection Agency lawsuit. EPA inspections in 1995 revealed deteriorating facility conditions, inadequate maintenance and other problems. The settlement requires the District to correct these problems to ensure that the plant does not discharge high concentrations of chemical pollutants and harmful microorganisms into the Potomac River. "Today's agreement will help protect the health of D.C. citizens and promote a cleaner environment along the Potomac River," said Lois J. Schiffer, Assistant Attorney General in charge of the Department's Environment and Natural Resources Division. "I am pleased that the District has stepped up, accepted responsibility and will make the necessary improvements." The Blue Plains facility treats all wastewaters discharged into the sewer system of the District, as well as parts of Maryland's Montgomery and Prince George's Counties and parts of Virginia's Arlington, Loudon and Fairfax Counties. Michael McCabe, EPA Region III Administrator, said, "This agreement marks an important milestone in ensuring human health and environmental protection for the people of the Washington metropolitan area." Steven A. Herman, EPA's Assistant Administrator for the Office of Enforcement and Compliance Assurance said, "EPA was very concerned that the deterioration of Blue Plains, if allowed to continue, would pose a significant risk to public health and the environment if the treatment plan failed and large quantities of raw sewage or poorly treated wastewater found its way into the Potomac. We are satisfied that the District has agreed to remedy the operation and maintenance problems at the facility under a court-ordered schedule." As part of the settlement, the District will rehabilitate its pollution holding tanks -- called sedimentation basins -- and overhaul its outmoded sludge dewatering facilities. These actions are critical to ensure proper and effective treatment of the wastewater, particularly under high flow situations caused by heavy rain storms. Excess discharges of ammonia, nitrogen, chlorine and certain microorganisms could significantly damage aquatic life. Inadequately treated sewage can increase the health risks for people who use the river for recreational uses like boating, fishing and swimming. User charge revenues collected by the District from its residents and the suburban users of the facility are pooled with revenues in the District's General Fund. Large amounts of these revenues have been unavailable to pay for the cost of operating and maintaining the treatment plant. The settlement filed today looks to proposed Congressional legislation that would require the District to segregate and expend these revenues for the operation and maintenance of Blue Plains. The agreement reserves the United States' rights, in appropriate circumstances, to seek a court order for the same purpose. In the civil action resolved by today's settlement, the United States alleges that the District violated the Operation and Maintenance provision of its National Pollutant Discharge Elimination System ("NPDES") permit issued by EPA under the Clean Water Act. The NPDES permit, which regulates the pollutant discharges from Blue Plains, requires the District to properly operate and maintain the treatment facility to ensure compliance with the terms and conditions of the permit. The United States' complaint also alleges that the District, which has received since 1973 approximately $360 million under EPA construction grant agreements for Blue Plains, violated the Clean Water Act and the grant agreements by failing to spend user revenue to operate and maintain the facility. EPA grant agreements require implementation of a proper user charge system as a condition of receiving the grant funds. In addition to requiring extensive rehabilitation and maintenance of the plant's aging equipment, the Stipulated Agreement and Order requires the District to submit monthly reports to EPA on the status of the construction projects outlined in the agreement, as well as the status of payments owing and made to chemical suppliers and maintenance contractors. Notice of the agreement will be published in the Federal Register. Interested parties have 30 days in which to comment. ### 96-157