EPA v. NEWBURY TOWN OF MS4

Case summary

On March 26, 2024, EPA issued Clean Water Act Administrative Compliance Order (Order) to the Town of Newbury, Massachusetts for alleged violations of the 2016 General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in Massachusetts (2016 MS4 Permit). The Order cites the Town's failure 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 EPA with a copy of the regulatory mechanism. The Order will facilitate the reduction of pollutants found in the permittee's stormwater through the retention or treatment of stormwater after construction on new or redeveloped sites. EPA coordinated with the Massachusetts Department of Environmental Protection on this matter.

Defendants (1)

• Town of Newbury MANamed in complaintNamed in settlement

Facilities (1)

• NEWBURY TOWN OF MS4

  TOWNWIDE, NEWBURY, MA, 01951

  Registry ID: 110039178500

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• NEWBURY TOWN OF MS4entered 2024-03-26

  Primary law: CWA

Timeline (5 milestones)

• 2024-03-26Enforcement Action Data Entered
• 2024-03-26Complaint Filed/Proposed Order
• 2024-03-26Final Order Issued
• 2025-12-31NPDES Closed
• 2025-12-31Enforcement Action Closed