EPA v. MANCHESTER, CONNECTICUT

Case summary

THE DEFENDANT FILLED APPROXIMATELY 5 ACRES OF WETLANDS IN MANCHESTER, CONNECTICUT SUBJECT TO THE PERMITTING JURISDICTION OF THE UNITED STATES ARMY CORPS OF ENGINEERS ( CORPS ). IT VIOLATED SECTION 301A OF THE CWA BY FAILING TO GET A PERMIT FROM THE CORPS AS REQUIRED BY SECTION 404 OF THE CWA. THE FILLING TOOK PLACE FROM THE FALL OF 1987 THROUGH JUNE, 1988, IN ORDER TO CONSTRUCT AN ADVANCED WASTEWATER TREATMENT FACILITY. THE PARTIES HAVE REACHED AN AGREEMENT IN PRINCIPLE AND ARE CURRENTLY NEGOTIATING THE TERMS OF A CONSENT DECREE. THE AGREEMENT INCLUDES THE FOLLOWING ELEMENTS: A. INJUNCTIVE RELIEF DEFENDANT WILL REMOVE FILL PLACED ON APPROXIMATELY 3/4 OF AN ACRE ASSOCIATED WITH AN ACCESS ROAD AND A STRIP ALONG THE PERIMETER OF THE SITE AND RESTORE SUCH ACRES TO THEIR ORIGINAL CONDITION. DEFENDANT WILL NOT BE ORDERED TO REMOVE THE FILL ASSOCIATED WITH THE TREATMENT PLANT CONSTRUCTION, BUT THE DECREE WILL NOT AFFIRMATIVELY AUTHORIZE THE FILL, AND NO SECTION 404 PERMIT WILL BE ISSUED. B. CIVIL PENALTY DEFENDANT WILL PAY PENALTY OF $300,000, PAYABLE IN EQUAL INSTALLMENTS OVER THREE YEARS. C. CONSTRUCTION GRANT FUNDING EPA WILL NOT TERMINATE THE EXISTING FEDERAL CONSTRUCTION GRANT FOR THE TREATMENT PLANT CONSTRUCTION, BUT IT WILL WITHHOLD PAYMENTS OF APPROXIMATELY $1,000,000 FOR EXPENDITURES RELATED TO THE ILLEGAL FILLING ACTIVITIES.

Defendants (2)

• CONNECTICUT (CWA SECTION 309E), STATE OFNamed in complaintNamed in settlement
• CONNECTICUT, TOWN OF MANCHESTERNamed in complaintNamed in settlement

Facilities (1)

• MANCHESTER WASTE WTP

  LOVE LANE, MANCHESTER, CT, 06040

  Registry ID: 110010598692

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 404 — Permits for Dredge and Fill Material
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MANCHESTER, TOWN OF (CONN.)entered 1990-03-09

  Primary law: CWA

  Federal penalty: $300,000

Timeline (6 milestones)

• 1988-07-01Enforcement Action Data Entered
• 1988-09-30Referred To Dept Of Justice
• 1990-03-09Final Order Lodged
• 1990-03-09Final Order Entered
• 1990-03-09Complaint Filed With Court
• 1990-03-09Concluded