EPA v. CITY OF HOLYOKE

Case summary

On March 23, 2023, the Department of Justice lodged a consent decree in federal court that will resolve violations of the Clean Water Act and corresponding Massachusetts laws by the City of Holyoke, Massachusetts. The City will be required to take action to reduce future pollutant discharges from its sewer collection and stormwater systems into the Connecticut River. The City will conduct further sewer separation work that will eliminate or reduce combined sewer overflow discharges. The consent decree includes a $50,000 penalty for past National Pollutant Discharge Elimination System (NPDES) permit violations. As Holyoke is an Environmental Justice community, compliance with this Consent Decree, and ultimately the Clean Water Act, will benefit a community that is already economically disadvantaged. 9/26/16 EPA referred the City of Holyoke, MA to the Dept of Justice for violation of the Clean Water Act. Holyoke's CSO discharges violate the terms of the City's NPDES permit. The City also has other unauthorized discharges from its collection system. While the City has taken steps to address its CSO discharges over the years pursuant to a number of EPA-issued administrative orders, it needs to finalize and implement a CSO long term control plan. 2/21/19 The City of Holyoke, MA entered into a partial consent decree with the U.S. and Commonwealth of MA that was lodged with the court on February 21, 2019. A complaint was filed the same day. Under the terms of the agreement, the City will take action to remedy National Pollutant Discharge Elimination System (NPDES) permit violations relating to the City?s discharges of pollutants to the Connecticut River from combined sewer overflows (CSOs). It specifically requires that the City submit a CSO long term control plan by December 31, 2019, at which point the parties will incorporate the plan and its implementation schedule, as approved by the federal and state agencies, into either a modification of the consent decree or a new consent decree. In addition to a wastewater treatment facility, Holyoke owns and operates a sewer collection system that services approximately 70 percent of the City, two-thirds of which carries both sewage and stormwater. The complaints, filed simultaneously with the consent decree, allege that from at least 2012 Holyoke discharged untreated pollutants from its sewer system in violation of both the federal Clean Water Act and the state Clean Waters Act. While the City had taken steps over the years to address its sewer discharges under a number of EPA-issued administrative orders, it has remained in noncompliance. There is no penalty associated with this action. 7/3/19 On July 3, 2019, the Department of Justice notified the Region that a partial consent decree signed and previously lodged by the City of Holyoke, Massachusetts, the U.S., and the Commonwealth of Massachusetts to resolve Clean Water Act violations had been entered by the court. To remedy NPDES permit violations relating to the City's CSO discharges to the Connecticut River, the City has agreed to develop a CSO long term control plan (LTCP) by December 31, 2019, at which point the parties will incorporate the plan and its implementation schedule into either a modification of the consent decree or a new consent decree. The City has been moving forward with development of a CSO LTCP pending negotiation of the Consent Decree. The consent decree does not assess a civil penalty.

Defendants (1)

• City of HolyokeNamed in complaintNamed in settlement

Facilities (1)

• HOLYOKE W P C F

  ONE BERKSHIRE STREET, HOLYOKE, MA, 01040

  Registry ID: 110000541735

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (2)

• CITY OF HOLYOKEentered 2019-07-03

  Primary law: CWA

• CITY OF HOLYOKEentered 2023-08-31

  Primary law: CWA

  Federal penalty: $25,000 · State/local: $25,000

Timeline (5 milestones)

• 2016-09-26Referred To Dept Of Justice
• 2019-02-21Complaint Filed With Court
• 2019-02-26Enforcement Action Data Entered
• 2023-03-23Final Order Lodged
• 2023-08-31Final Order Entered