EPA v. MANCHESTER CITY OF

Case summary

On September 28, 2020, a consent decree settling claims against the City of Manchester, New Hampshire for CWA violations was entered by the U.S. District Court for the District of New Hampshire. The City is the owner and operator of a wastewater treatment facility that serves Manchester and portions of Bedford, Londonderry and Goffstown, New Hampshire and has a sewered population of approximately 155,000 people. The U.S.'s complaint, filed simultaneously with the lodging of the consent decree, alleges that discharges from the City's combined sewer overflows to the Merrimack River and its tributaries violate the City's NPDES permit. The City has estimated that it will spend approximately $231 million to address these illegal discharges. The State of New Hampshire is an assented-to plaintiff-intervenor in the case and is a party to the settlement. On May 17, 2016, Region 1 sent a referral to the U.S. Department of Justice requesting that DOJ file a civil action for injunctive relief against the City of Manchester, New Hampshire for violations of the Clean Water Act. The referral describes the discharge of untreated storm water runoff and wastewater, including untreated sewage, from combined sewer overflow (CSO) outfalls into waterways in violation of conditions of its National Pollutant Discharge Elimination System (NPDES) permit. The Region has identified potential CWA violations in the City through field work and information gathering over the past several years. The unauthorized discharges from the City's CSO outfalls are a significant cause of water quality violations within, and adjacent to, the City.

Defendants (1)

• Manchester CIty ofNamed in complaintNamed in settlement

Facilities (1)

• MANCHESTER CITY OF

  300 WINSTON STREET, MANCHESTER, NH, 03103

  Registry ID: 110002320809

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MANCHESTER CITY OFentered 2020-09-28

  Primary law: CWA

Timeline (5 milestones)

• 2016-05-17Referred To Dept Of Justice
• 2016-05-19Enforcement Action Data Entered
• 2020-07-13Final Order Lodged
• 2020-07-13Complaint Filed With Court
• 2020-09-28Final Order Entered