EPA v. NAVAL STATION NEWPORT

Case summary

On October 17, 2022, Region 1 modified a 2021 Federal Facility Compliance Agreement, getting an additional $$66,993,708 in injunctive relief from the Navy for enhanced stormwater controls. On March 11, 2021, Region 1 entered into a Federal Facility Compliance Agreement (FFCA) with the U.S. Navy to address ongoing discharges of soil from a former shipyard. The Naval Station Newport (NAVSTA) facility, located in Newport, Portsmouth, Middletown, and Jamestown, Rhode Island, has Municipal Separate Storm Sewer System (MS4) coverage under a general permit issued by the Rhode Island Department of Environmental Management (RIDEM). The facility's MS4 and waterfront bulkhead are deteriorated and not operating as intended. To date, approximately 25 sinkholes have been identified along the bulkhead at the facility. The Navy has also identified numerous holes in the bulkhead wall, including one as large as three feet by twelve feet. The deteriorated waterfront bulkhead has resulted in the discharge of soil, which is fill material, without a permit, in violation of Sections 301(a) and 404(a) of the Clean Water Act. This FFCA will address permanent repairs required at the site. The FFCA will require that seven specific projects along the bulkhead be completed between now and 2030. The Navy will spend $39,511,624 to complete the projects.

Defendants (1)

• U.S. NavyNamed in complaintNamed in settlement

Facilities (12)

• NAVAL STATION NEWPORT

  690 PEARY STREET (N8N), NEWPORT, RI, 02841

  Registry ID: 110059712583

• NAVAL STATION NEWPORT

  690 PEARY STREET (N8N), NEWPORT, RI, 02841

  Registry ID: 110059712583

• NAVAL STATION NEWPORT

  690 PEARY STREET (N8N), NEWPORT, RI, 02841

  Registry ID: 110059712583

• NAVAL STATION NEWPORT

  690 PEARY STREET (N8N), NEWPORT, RI, 02841

  Registry ID: 110059712583

• NAVAL STATION NEWPORT

  690 PEARY STREET (N8N), NEWPORT, RI, 02841

  Registry ID: 110059712583

• NAVAL STATION NEWPORT

  690 PEARY STREET (N8N), NEWPORT, RI, 02841

  Registry ID: 110059712583

• NAVAL STATION NEWPORT

  690 PEARY STREET (N8N), NEWPORT, RI, 02841

  Registry ID: 110059712583

• NAVAL STATION NEWPORT

  690 PEARY STREET (N8N), NEWPORT, RI, 02841

  Registry ID: 110059712583

• NAVAL STATION NEWPORT

  690 PEARY STREET (N8N), NEWPORT, RI, 02841

  Registry ID: 110059712583

• NAVAL STATION NEWPORT

  690 PEARY STREET (N8N), NEWPORT, RI, 02841

  Registry ID: 110059712583

• NAVAL STATION NEWPORT

  690 PEARY STREET (N8N), NEWPORT, RI, 02841

  Registry ID: 110059712583

• NAVAL STATION NEWPORT

  690 PEARY STREET (N8N), NEWPORT, RI, 02841

  Registry ID: 110059712583

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (2)

• NAVAL STATION NEWPORTentered 2021-03-11

  Primary law: CWA

• NAVAL STATION NEWPORTentered 2022-10-17

  Primary law: CWA

Timeline (3 milestones)

• 2021-03-11Complaint Filed/Proposed Order
• 2021-03-18Enforcement Action Data Entered
• 2022-10-17Final Order Issued