EPA v. WEST HAVEN WPCF

Case summary

02032017: CD Modification to add requirements related to complying with MS4 permit. 01/11/2016: This is a Supplemental referral to DOJ requesting that DOJ modify an existing Consent Decree to include injunctive relief related to compliance with its MS4 permit. On May 27, 2013, a consent decree was entered in the federal district court of Connecticut resolving Clean Water Act violations stemming from unpermitted discharges of sewage from the City of West Haven?s sanitary collection system into New Haven Harbor and the Long Island Sound. The settlement was reached among EPA, the State of Connecticut, DOJ and the City. These discharges contain raw sewage that can carry bacteria, viruses, and other organisms that can cause life-threatening ailments. A total penalty of $125,000, which was reduced based on the City's poor financial condition and a formal 'ability to pay' analysis, will be split equally between the federal government and the State. The federal government's half of the penalty will be paid into the U.S. Treasury. Because Connecticut law allows for 'penalties' to be used to fund environmental projects, the State's half of the penalty will be paid into a fund to be used to pay for projects such as water quality planning, assessment and restoration, and greenway enhancements.

Defendants (1)

• WEST HAVEN WPCFNamed in complaintNamed in settlement

Facilities (1)

• WEST HAVEN WPCF

  2 BEACH STREET, WEST HAVEN, CT, 06516

  Registry ID: 110001404221

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (2)

• WEST HAVEN WPCFentered 2017-02-03

  Primary law: CWA

• WEST HAVEN WPCFentered 2014-05-27

  Primary law: CWA

  Federal penalty: $62,500 · State/local: $62,500

Timeline (7 milestones)

• 2011-10-26Enforcement Action Data Entered
• 2012-03-22Referred To Dept Of Justice
• 2013-12-19Complaint Filed With Court
• 2016-01-11Supplemental Referral-Other
• 2016-12-15Final Order Lodged
• 2017-02-03Final Order Entered
• 2017-02-03Concluded