EPA v. MDC HARTFORD WASTEWATER TREATMENT PLANT

Case summary

7/8/21 - On July 8, 2021, the US District Court for the District of Connecticut approved a Consent Decree resolving alleged violations by The Metropolitan District (the District) of Clean Air Act (CAA) sewage sludge incineration New Source Performance Standards (NSPS). EPA alleged that the District modified the three incinerators at its facility, triggering applicability of the NSPS standards. Under the Consent Decree, the District's sewage sludge incinerators must come into compliance with CAA NSPS emission limits for nine air pollutants. The District must also install carbon monoxide continuous emissions monitoring equipment. The District will pay a $298,000 penalty. 5/25/21 - the U.S. Department of Justice lodged a proposed consent decree in US District Court for the District of Connecticut concerning The Metropolitan District's (the District's) violations of Clean Air Act (CAA) sewage sludge incineration New Source Performance Standards (NSPS). EPA alleged that the District modified its facility triggering applicability of the NSPS standards, which it failed to meet. Under the proposed consent decree, the District's sewage sludge incinerators must come into compliance with CAA emission limits for nine air pollutants. The District must also install carbon monoxide continuous emissions monitoring equipment and pay a $298,000 penalty. The proposed settlement benefits the greater Hartford, Connecticut area, an area of significant EJ concern. The Connecticut Department of Energy and Environmental Protection has not taken delegation of the NSPS rules and has no enforcement authority with respect to the violations at issue. 9/18 The Metropolitan District (District) owns and operates three multiple-hearth sewage sludge incinerators at its Water Pollution Control Facility in Hartford, Connecticut. EPA's referral to DOJ alleges that the District violated the Clean Air Act's New Source Performance Standards at 40 CFR Part 60, Subpart LLLL, which were effective on September 21, 2011, and apply to new sources. The District has failed to achieve compliance with Subpart LLLL, and based on 2016 test results, has exceeded emissions limitations for several pollutants, including carbon monoxide, sulfur dioxide, and lead. The referral seeks to establish a compliance schedule, assess an appropriate penalty, and require interim mitigation measures. The regulations at issue are directly implemented by EPA. While the Connecticut Department of Energy and Environmental Protection does not have delegation of the standards, it is aware of EPA's intention to take appropriate enforcement measures.

Defendants (1)

• MDC Hartford Wastewater Treatment PlantNamed in complaintNamed in settlement

Facilities (1)

• HARTFORD WATER POLLUTION CONTROL FACILITY

  240 BRAINARD ROAD, HARTFORD, CT, 06114

  Registry ID: 110010052904

Statutes cited

• CAA 129 — Solid Waste Fuel Combustion

Enforcement conclusions (1)

• MDC HARTFORD WASTEWATER TREATMENT PLANTentered 2021-07-08

  Primary law: CAA

  Federal penalty: $298,000

Timeline (5 milestones)

• 2018-09-26Referred To Dept Of Justice
• 2018-09-27Enforcement Action Data Entered
• 2021-05-25Final Order Lodged
• 2021-05-25Complaint Filed With Court
• 2021-07-08Final Order Entered