EPA v. BRIDGEPORT MUN INCIN (CIC)

Case summary

NATURE OF THE CASE DEFENDANT IS A CONNECTICUT MUNICIPALITY WITH A POPULATION OF ABOUT 143,000. DEF'S EAST SIDE INCINERATOR CURRENTLY EMITS POLLUTANTS IN VIOLATION OF THE APPLICABLE CONN. STATE IMPLEMENTATION PLAN (SIP) PARTICULATE EMISSION AND OPACITY STANDARDS. PARTICULATES ARE BEING EMITTED AT 3.3 TIMES THE ALLOWABLE RATE. THE ALLOWABLE SIP OPACITY STANDARD IS 20%, AND SMOKE READINGS TAKEN ON SEVERAL OCCASSIONS HAVE SHOWN VIOLATION OF THE OPACITY STANDARD WITH READINGS FROM 34% TO 53%. THE AIR QUALITY CONTROL REGION IN WHICH BRIDGEPORT IS LOC- ATED IS NONATTAINMENT FOR THE SECONDARY NATIONAL AMBIENT AIR QUALITY STANDARDS FOR PARTICULATES. THUS, SINCE BRIDGEPORT IS NOT IN A PRIMARY NONATTAINMENT AREA, THE 1982 DATE ENFORCEMENT POLICY DOES NOT APPLY. CAUSE OF ACTION THE U.S. DIST CT FOR THE DIST OF CONN RENDERED A JUDGMENT AGAINST DEFENDANT IN DEC. 1977 AFTER EPA FILED SUIT FOR THE ABOVE-MENTIONED VIOLATIONS. THE CT'S JUDGMENT REQUIRED THE INCINERATOR TO BE CLOSED BY 4/1/78. THE INCINERATOR IS STILL OPERATING AND THE VIOLATIONS ARE CONTINUING AT THE SAME LEVEL THEY WERE AT THE TIME OF THE COURT'S JUDGMENT. THE 1977 JUDGMENT CONTAINED NO STIPULATED PENALTY PROVISION. PROPOSED REMEDY THIS ACTION PETITIONS THE CT TO HOLD THE DEF IN CONTEMPT OF THE CT'S JUDGMENT AND TO ORDER THE DEF TO CEASE OPERATION FO THE EAST SIDE INCINERATOR. IT FURTHER REQUESTS THE CT TO IMPOSE PENALTIES ON THE CITY FOR ITS FAILURE TO COMPLY WITH THE JUDGMENT. EPA REGIONAL AND HQ STAFF HAVE DETERMINED THAT A FAIR PENALTY AMOUNT SHOULD BE $100,000, THE APPROX. AMOUNT OF OPERATION AND MAINTENANCE COSTS SAVED AS A RESULT OF NOT INSTALLING POLLUTION CONTROL DEVICES. THIS AMOUNT WAS DETERMINED BY USING THE COMPUTER MODEL BASED ON THE AGENCY'S CIVIL PENALTY POLICY, ALTHOUGH THE POLICY DOES NOT APPLY TO CONTEMPT ACTIONS. THE CONN DEPT OF ENVIR. PROTECTION HAS ANALYZED THE ALTER- NATIVES AVAILABLE TO THE DEF TO ALLOW IT TO COME INTO COM- PLIANCE WITH THE COURT JUDGMENT AND THE APPLICABLE REGS. THESE ALTERNATIVES INCLUDE USING ONE OF SEVERAL AVAILABLE LANDFILLS SO THAT THE INCINERATOR, OR INSTALLING CONTROLS ON THE EXISTING EAST SIDE INCINERATOR. EPA AND THE CONN. DEP ESTIMATE THAT THE LAST OPTION IS THE LEAST EXPENSIVE AND AND WILL COST DEF APPROX $400,000. NO ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE

Defendants (1)

• BRIDGEPORT, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• BRIDGEPORT -EAST INC

  ASYLUM ST, BRIDGEPORT, CT, 06610

  Registry ID: 110007078937

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• BRIDGEPORT MUN INCIN (CIC)entered 1985-01-14

  Primary law: CAA

  Federal penalty: $68,000

Timeline (8 milestones)

• 1983-03-29Referred To Headquarters
• 1983-04-26Referred To Dept Of Justice
• 1983-06-10Referred TO U.S. Attorney
• 1983-08-19Complaint Filed With Court
• 1985-01-14Final Order Lodged
• 1985-01-14Final Order Entered
• 1985-01-14Concluded
• 1985-01-14Enforcement Action Closed