A city wastewater treatment plant (WWTP or POTW) issued a notice of violation to an electroplating/metal finishing client in connection with alleged metal discharge exceedances under the client's industrial pretreatment program (IPP) discharge permit. The NOV assessed civil fines and costs for the alleged violations of approximately $35,000.

The discharges to the sewer resulting in the NOV were not disputed; rather, the fines and costs were excessive under the circumstances. Varnum was able to negotiate a settlement on behalf of the client for less than 25% of the original claimed penalty, including full satisfaction of the alleged liability and a covenant not to sue.