EPA v. UTICA (MUN), CITY OF

Case summary

CITY WAS SUED FOR FAILURE TO COMPLY WITH ITS NPDES PERMIT GOVERNING DISCHARGES FROM ITS SEWER SYSTEM AND TWO SUB- SEQUENT ADMINISTRATIVE ORDERS. THE NPDES VIOLATIONS, CONTINUOUS FROM 7/1/75, RESULTED FROM NUMEROUS DRY WEATHER OVERFLOWS OF RAW SEWAGE TO THE MOHAWK RIVER. THE COMPLAINT SOUGHT INJUNCTIVE RELIEF AND A $1,000,000 CIVIL PENALTY. SEE STATUS COMMENTS FOR LATER DEVELOPMENTS.

Defendants (4)

• UTICA, NY, CITY OFNamed in complaintNamed in settlement
• NEW YORK, STATE OF (3RD PARTY DEF)Named in complaintNamed in settlement
• ONEIDA COUNTY SEWER DISTRICT (3RD PARTY)Named in complaintNamed in settlement
• ONEIDA COUNTY, NY (3RD PARTY DEF)Named in complaintNamed in settlement

Facilities (2)

• ONEIDA COUNTY WATER POLLUTION CONTROL PLANT

  51 LELAND AVE., UTICA, NY, 13503

  Registry ID: 110000555612

• ONEIDA COUNTY WATER POLLUTION CONTROL PLANT

  51 LELAND AVE., UTICA, NY, 13503

  Registry ID: 110000555612

Statutes cited

• CWA 402 — Clean Water Act
• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• UTICA, CITY OFentered 1977-08-16

  Primary law: CWA

  Federal penalty: $5,000

Timeline (8 milestones)

• 1977-03-09Referred To Headquarters
• 1977-05-26Referred To Dept Of Justice
• 1977-05-26Referred TO U.S. Attorney
• 1977-06-02Complaint Filed With Court
• 1977-08-16Final Order Lodged
• 1977-08-16Final Order Entered
• 1977-08-16Concluded
• 1991-10-10Enforcement Action Closed