EPA v. NEW YORK CITY ET AL

Case summary

THE RED HOOK AND NORTH RIVER FACILITIES JOINTLY DISCHARGE ABOUT 200 MILLION GALLONS PER DAY OF RAW SEWAGE INTO THE HUDSON RIVER AND THE EAST RIVER, IN VIOLATION OF THEIR NPDES PERMITS. EPA COMMENCED AN ENFORCEMENT ACTION IN JANUARY OF 1977, WHICH REQUIRED THE CITY TO CONSTRUCT SECONDARY TREATMENT FACILITIES AT RED HOOK BY 12/1/84, AND AT NORTH RIVER BY 8/1/86. WHEN THE CITY BECAME UNABLE TO MEET THIS SCHEDULE, EPA, THE CITY, AND THE STATE OF NY NEGOTIATED AN AMENDMENT TO THE CONSENT DECREE WHICH: 1. EXTENDED THE DATES FOR FINAL COMPLETION TO 9/1/87 AND 3/1/88. 2. PROVIDED FOR STIPULATED PENALTIES FOR VIOLATIONS OF THE REVISED SCHEDULES. 3. APPOINTED A SPECIAL MASTER TO ASSIST THE COURT IN MONITORING COMPLIANCE WITH THE AMENDED DECREE. THE CITY COMPLIED WITH EACH MILESTONE IN THE REVISED SCHEDULE UNTIL 2/82 WHEN THE CITY SUBMITTED A REPORT TO THE SPECIAL MASTER STATING THAT SUBSTANTIAL REDUCTIONS IN THE AVAILABLE FEDERAL FUNDING MADE IT IMPOSSIBLE FOR THE CITY TO MEET THE CONSENT DECREE SCHEDULE. THE CITY CON- TENDED THAT THE UNAVAILABILITY OF FEDERAL FUNDS CONSTITUTED 'CIRCUMSTANCES BEYOND THE CITY'S REASONABLE CONTROL' SUFFICIENT TO REQUIRE AN EXTENSION OF THE CONSTRUCTION SCHEDULES ACCORDING TO PARAGRAPH VIII OF THE CONSENT DECREE, AND TO RELIEVE IT FROM PAYING STIPULATED PENALTIES.

Defendants (1)

• NEW YORK CITYNamed in complaintNamed in settlement

Facilities (1)

• NYCDEP RED HOOK WATER POLLUTION CONTROL PLANT

  MARSHALL STREET & LITTLE STREET, BROOKLYN, NY, 11205

  Registry ID: 110002044270

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• NEW YORK, CITY OFentered 1977-03-02

  Primary law: CWA

Timeline (8 milestones)

• 1976-01-01Referred To Headquarters
• 1976-12-20Referred To Dept Of Justice
• 1976-12-30Referred TO U.S. Attorney
• 1977-01-07Complaint Filed With Court
• 1977-03-02Final Order Lodged
• 1977-03-02Final Order Entered
• 1977-03-02Concluded
• 1993-07-23Enforcement Action Closed