EPA v. BOSTON WATER & SEWER

Case summary

THIS IS A REFERRAL OF A CIVIL ENFORCEMENT ACTION TO THE DEPARTMENT OF JUSTICE ( DOJ ) AGAINST THE BOSTON WATER AND SEWER COMMISSION ( BWSC ) IN BOSTON, MA. FOR CLEAN WATER ACT ( CWA )VIOLATIONS. THE REGION IS ASKING DOJ TO FILE AN ACTION FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES UNDER SECTION 309(b) AND (d) OF THE CWA. BASED ON DEFENDANT'S VIOLATIONS OF SECTION 301 OF THE CWA. THE VIOLATIONS AT ISSUE IN THIS CASE INVOLVE UNAUTHORIZED ILLICIT SEWAGE DISCHARGES FROM THE BWSC MUNICIPAL SEPARATE STORM SEWER SYSTEM ( MS4 ), A SANITARY SEWER OVERFLOWS ( SSOs ), DRY WEATHER AND OTHER UNAUTHORIZED DISCHARGES FROM BWSC's COMBINED SEWER OVERFLOW ( CSO) OUTFALLS, AND VIOLATIONS OF BWSC's LARGE MS4 PERMIT. This order is based on violations of the Clean Water Act and permittee's NPDES Permit. The order requires the City to identify and eliminate causes of unauthorized wastewater collection system discharges and to develop a preventative maintenance program for its sewage collection system. The Order also requires the City to submit a scope of work and schedule for developing a Long Term Control Plan for Combined Sewer Overflows and a Combined Sewer Overflow monitoring plan.

Defendants (1)

• BOSTON WATER & SEWERNamed in complaintNamed in settlement

Facilities (1)

• BOSTON WATER AND SEWER

  980 HARRISON STREET, BOSTON, MA, 02119

  Registry ID: 110000915458

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BOSTON WATER & SEWERentered 2012-09-28

  Primary law: CWA

  Federal penalty: $235,000 · SEP: $160,000

Timeline (5 milestones)

• 2010-03-03Enforcement Action Data Entered
• 2010-09-30Referred To Dept Of Justice
• 2010-12-22Complaint Filed With Court
• 2012-08-23Final Order Lodged
• 2012-09-28Final Order Entered