EPA v. Naugatuck Borough of

Case summary

The referral addresses violations of the recent sewage sludge incinerator rules for existing sources at 40 CFR Part 62, Subpart LLL. The Borough of Naugatuck, Connecticut and the facility operator Veolia Water North America-Northeast LLC, have failed to reach compliance with the Subpart standards by the March 21, 2016 compliance date. The referral seeks to establish a compliance schedule to assess an appropriate penalty, and to require mitigation measures. 1/10/2018: On January 10, 2018, a proposed Consent Decree in U.S. v. Borough of Naugatuck, CT was lodged in Federal Court in Connecticut. This CD requires the installation of emission control equipment to limit the discharge of mercury pollution at an incinerator owned by the Borough of Naugatuck. The City and its contract operator of the incinerator, Naugatuck Environmental Technologies, LLC, a subsidiary of Veolia Northeast, are both responsible under the CD for the necessary upgrades at the Naugatuck sewage sludge incinerator, which processes sewage waste from the Borough?s wastewater treatment plant as well as from other communities. Naugatuck and its operator failed to meet the compliance deadline for Clean Air Act rules for sewage sludge incinerators that came into effect in 2016. In addition to meeting these CAA rules, the defendants will pay a penalty of $100,000, and take measures to limit the mercury content of sewage sludge received at the incinerator. This Consent Decree follows entry in December 2017 of a CD between the United States and the City of Waterbury, CT and its operator, Synagro Northeast, which similarly requires emission controls for mercury from a sewage sludge incinerator, compliance with the CAA rules, and payment of a penalty of $104,000.

Defendants (3)

• VEOLIA WATER NORTH AMERICA - NORTHEAST LLC
• NAUGATUCK ENVIRONMENTAL TECHNOLOGIES LLCNamed in complaintNamed in settlement
• NAUGATUCK BOROUGH OFNamed in complaintNamed in settlement

Facilities (1)

• NAUGATUCK WPCA/POTW

  500 CHERRY STREET, NAUGATUCK (HISTORICAL), CT, 06770

  Registry ID: 110001404365

Statutes cited

• CAA 129 — Solid Waste Fuel Combustion

Enforcement conclusions (1)

• Naugatuck Borough ofentered 2018-04-04

  Primary law: CAA

  Federal penalty: $100,000

Timeline (5 milestones)

• 2016-07-19Referred To Dept Of Justice
• 2016-08-04Enforcement Action Data Entered
• 2018-01-10Complaint Filed With Court
• 2018-01-10Final Order Lodged
• 2018-04-04Final Order Entered