EPA v. AGAWAM TOWN OF

Case summary

On February 21, 2024, EPA issued Administrative Compliance Orders (Orders) to the Town of Agawam, Massachusetts for their respective alleged violation of the Massachusetts Municipal Separate Storm Sewer System (MS4) Permit requirement to enact a post-construction stormwater management ordinance, by-law, or other regulatory mechanism (2017 MS4 Permit). The Order cites the Town's respective failures to develop or modify, as appropriate, a post-construction stormwater management ordinance within three years of the effective date of the Permit (i.e., by July 1, 2022). The Order requires the Town to enact a post-construction stormwater management ordinance or other regulatory mechanism by June 30, 2024; notify EPA that such an ordinance or regulatory mechanism has become effective within seven days of its effective date; and provide the Agency with a copy of the regulatory mechanism. The Order will facilitate the reduction of pollutants found in their stormwater through the retention or treatment of stormwater after construction on new or redeveloped sites. The Region coordinated with the Massachusetts Department of Environmental Protection on this matter.

Defendants (1)

• Town of AgawamNamed in complaintNamed in settlement

Facilities (1)

• AGAWAM TOWN OF

  TOWN ADMINISTRATION BLDG, AGAWAM, MA, 01001

  Registry ID: 110008405608

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• AGAWAM TOWN OFentered 2024-02-21

  Primary law: CWA

Timeline (3 milestones)

• 2024-02-21Complaint Filed/Proposed Order
• 2024-02-21Final Order Issued
• 2024-02-27Enforcement Action Data Entered