EPA v. GLOUCESTER WWTF

Case summary

5/12/23 CD entered. On July 14, 2022, Region 1 referred a civil enforcement action to the Department of Justice (DOJ) requesting assistance in establishing a schedule for work for significant wastewater infrastructure upgrades by the City of Gloucester, Massachusetts to ensure compliance under the Clean Water Act. In 1984, the City of Gloucester (population 30,200) began operating its Water Pollution Control Facility (WPCF) with a Section 301(h) waiver from the requirement to upgrade to secondary treatment and currently operates the WPCF with only primary treatment as it discharges its effluent into Massachusetts Bay. Because Gloucester no longer qualifies for a 301(h) waiver, EPA and the Massachusetts Department of Environmental Protection (MA DEP) jointly reissued Gloucester's final NPDES Permit on June 30, 2022, with effluent limits that can only be met through operation of a secondary treatment facility. The City has proposed to complete construction of secondary treatment by the end of 2027. EPA proposes memorializing this schedule in a judicial consent decree. The Region has coordinated with MA DEP and the Commonwealth of Massachusetts will be a co-plaintiff in this matter.

Defendants (1)

• Gloucester, city of, MANamed in complaintNamed in settlement

Facilities (1)

• GLOUCESTER W P C F

  50 ESSEX AVENUE, GLOUCESTER, MA, 01930

  Registry ID: 110024340444

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• GLOUCESTER WWTFentered 2023-05-12

  Primary law: CWA

Timeline (5 milestones)

• 2022-07-14Referred To Dept Of Justice
• 2022-07-20Enforcement Action Data Entered
• 2023-03-06Complaint Filed With Court
• 2023-03-06Final Order Lodged
• 2023-05-12Final Order Entered