Putting Polluters On Notice

Snake River Waterkeeper (SRW) recently submitted Notice of Intent to Sue letters to four Wastewater Treatment Plant (WWTP) facilities in Idaho. These facilities are all in violation of their federally required National Pollution Discharge Elimination System (NPDES) permits, which sets pollution limits in accordance with the Clean Water Act.

Over the past 5 years, each WWTP has racked up thousands of violations, each of which is subject to a penalty of up to $66,712 per day, per violation. Each City has 60 days in which to respond to our notice, after which time SRW will file suit. We are working with the Seattle-based environmental law firm Bricklin & Newman to bring these cases.

Nezperce, ID

The City of Nezperce’s WWTP is discharging illegal levels of effluent into Long Hollow Creek, a tribal water that eventually flows into the Clearwater River, a tributary of the Snake. From July 2019 to June 2024, this Facility had 1,720 days of violations and multiple instances of exceedances of effluent discharge in a single day. This WWTP has violated its numeric effluent limits 8 of the last 12 quarters, often by several hundred percent (and in one case, 2,217%). The Facility’s current status is “Significant/Category 1 Noncompliance.”

Deary, ID

The City of Deary’s WWTP releases a variety of pollutants into Mount Deary Creek, which eventually flows into the Potlach, Clearwater and Snake rivers. From July 2019 to June 2024, this facility repeatedly exceeded discharge limits as set in its federally required NPDES permit. This WWTP violated its permitted discharge levels 1,042 days over the past five years, often with multiple violations on a single day. The facility had discharge violations in 11 of the last 12 quarters, often by several hundred percent (and in one case, 6,599%). The Facility’s current status is “Violation Identified.”

Kuna, ID

The City of Kuna’s WWTP releases a variety of pollutants into Indian Creek, which eventually flows into the Boise and Snake rivers. Over the past five years, the City has repeatedly exceeded the discharge limits set in its NPDES. It has also failed to meet monitoring report filing deadlines and failed to report sanitary sewer overflows. This WWTP has had 246 days of violations from June 2019 to July 2024, often with multiple violations in a single day. It has violated its effluent limits every quarter of the past 12 quarters, often by several hundred percent (and in one case, 1,451%). The Facility’s current status is “Violation Identified.”

Aberdeen, ID

The City of Aberdeen’s WWTP releases a variety of pollutants into Hazard Creek, a tributary of the American Falls Reservoir, which flows into the Snake. Over the past five years, the Facility repeatedly exceeded the discharge limits set in its NPDES. This WWTP violated its permitted discharge levels 239 days over the past five years, often with multiple violations on a single day. It has violated its effluent limits in seven of the last 12 quarters, often by several hundred percent. The Facility’s current status is “Violation Identified.”

Read the Notice Letters:

2024 07 18 Idaho CWA NOITS (Nezperce)
2024 07 18 Idaho CWA NOITS – Deary
2024 07 18 Idaho CWA NOITS (Kuna)
2024 07 18 Idaho CWA NOITS Aberdeen