EPA v. NEW YORK CITY ET AL - CIA

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 TREAT- MENT FACILITIES AT RED HOOK BY DECEMBER 1, 1984, AND AT NORTH RIVER BY AUGUST 1, 1986. 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 SEPT. 1, 1987 AND MARCH 1, 1988. 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 FEBRUARY 1982 WHEN THE CITY SUBMITTED A REPORT TO THE SPECIAL MASTER STATING THAT SUBSTANTIAL REDUCTIONS IN THE AVAILABLE FEDERAL FUNDING MADE IT IMPOS- SIBLE FOR THE CITY TO MEET THE CONSENT DECREE SCHEDULE. THE CITY CONTENDED 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. THIS IS AN AMENDMENT TO CASE NO 02-76-E001. SEE ORIGINAL CASE FOR INFORMATION.

Defendants (1)

• NEW YORK, CITY OF - CIANamed in complaint

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

Timeline (5 milestones)

• 1982-11-30Referred To Headquarters
• 1982-11-30Referred TO U.S. Attorney
• 1982-11-30Complaint Filed With Court
• 1982-12-30Concluded
• 1982-12-30Enforcement Action Closed