EPA v. Danbury WPCF

Case summary

On November 3, 2011, Region 1 filed a Consent Agreement and Final Order (CAFO) (Docket Number CWA-01-2010-0079) resolving Clean Water Act (CWA) violations against the City of Danbury, CT. In its complaint, Region 1 alleged that the City failed to report to the State of Connecticut, Department of Energy & Environmental Protection (CTDEEP) bypasses from its wastewater collection systems on at least 27 separate occasions during the past five years, in violation of its NPDES permit and Section 301(a) of the CWA. Region 1 also alleged that on at least 15 additional occasions, the City’s bypasses reached waters of the United States, and as such, were unauthorized discharges in violation of the City’s NPDES permit and the CWA. These discharges contain raw sewage that carry microorganisms that may cause symptoms ranging in severity from mild to life-threatening ailments such as cholera, dysentery, infections, hepatitis, and severe gastroenteritis. The failure to report bypasses prevents the State and EPA from having an accurate representation of the frequency of the bypasses, the size of such bypasses and the potential impacts on human health and the environment. Many of the bypasses occurred in Environmental Justice neighborhoods. In addition, the Complaint alleges that the City failed to implement its Spill Prevention Control and Countermeasures plan for its Department of Public Works Complex. The City agreed to pay a $30,000 penalty to resolve the CWA violations. In addition, the City will perform a Supplemental Environmental Project (SEP) which consists primarily of habitat restoration along Lake Kenosia, located in Danbury, Connecticut. The City will spend $48,000 to remove invasive species and plant native species to help slow down accelerated eutrophication, which occurs when runoff from human development increases the rate of aging of a lake by filling the basin with nutrients and plant decay. The SEP will also result in the enhancement of habitat for birds, fish and other wildlife. Region 1 worked closely with CTDEEP in this matter

Defendants (1)

• DANBURYNamed in complaintNamed in settlement

Facilities (1)

• DANBURY WPCF

  NEWTOWN ROAD, DANBURY, CT, 06810

  Registry ID: 110000723432

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Danbury WPCFentered 2011-11-03

  Primary law: CWA

  Federal penalty: $30,000 · SEP: $48,000

Timeline (3 milestones)

• 2010-12-22Enforcement Action Data Entered
• 2011-03-09Complaint Filed/Proposed Order
• 2011-11-03Final Order Issued