EPA v. BAYONNE, CITY OF

Case summary

THIS IS A CIVIL ACTION AGAINST THE CITY OF BAYONNE BASED ON THE CWA, 33 USC 1251. THIS IS ONE OF FOUR HUDSON COUNTY MUNICIPALITY CASES. THE OTHERS INCLUDE THE CITY OF HOBOKEN, TOWNSHIP OF NORTH BERGEN, THE TOWN OF WEST NEW YORK AND THE CITY OF JERSEY CITY. ALL OF THE MUNICIPALITIES' SEWAGE DIS- POSAL ACTIVITIES ARE SUBJECT TO THE CONTROL OF THE HUDSON COUNTY UTILITIES AUTHORITY. THE CITY OF BAYONNE'S VIOLATIONS ARE: A. FAILURE TO COMPLY WITH THE EFFLUENT LIMITS IN ITS NPDES PERMIT; B. FAILURE TO IMPLEMENT THE SECTION 201 FACILITIES PLAN AS REQUIRED BY THE NPDES PERMIT; C. FAILURE TO MAINTAIN & OPERATE ITS SEWAGE TREATMENT PLANT IN THE MOST EFFICIENT MANNER AS REQUIRED BY ITS NPDES PERMIT. PROPOSED RELIEF SOUGHT INCLUDES: A. CIVIL PENALTIES FOR THE VIOLATIONS DESCRIBED ABOVE. THE PENALTY BASED ON POLICY CALCULATIONS TOTALS $16,563,000. BECAUSE OF THIS UNREASONABLE AMOUNT, REG. II IS WILLING TO BEGIN NEGOTIATIONS AT $74,000. THIS IS BASED ON A $2 PER CAPITA PENALTY ON EACH RESIDENT OF BAYONNE; B. ORDER REQUIRING HCUA/BAYONNE TO OPERATE AND MAINTAIN THE SEWAGE TREATMENT PLANT EFFICIENTLY, INCLUDING REPAIRING OR REPLACING SOME EQUIPMENT; AND C. SCHEDULE FOR IMPLEMENTING SECTION 201 PLAN, WHICH WILL RESULT IN SECONDARY TREATMENT NO LATER THAN 6/1/88. * FACILITY ADDRESS: FOOT OF OAK STREET BAYONNE, NEW JERSEY 07002 OWNERSHIP: M SIC CODE: 4952

Defendants (5)

• BAYONNE, CITY OFNamed in complaintNamed in settlement
• HOBOKEN, CITY OFNamed in complaintNamed in settlement
• HUDSON COUNTY UTILITIES AUTHORITYNamed in complaintNamed in settlement
• NEW JERSEY, STATE OFNamed in complaintNamed in settlement
• NORTH BERGEN, TOWNSHIP OFNamed in complaintNamed in settlement

Facilities (1)

• BAYONNE SEWAGE AUTHORITY

  FOOT OF OAK STREET, BAYONNE, NJ, 07002

  Registry ID: 110006184011

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BAYONNE, CITY OFentered 1989-04-19

  Primary law: CWA

  Federal penalty: $170,000

Timeline (8 milestones)

• 1985-09-30Referred To Headquarters
• 1985-11-12Referred To Dept Of Justice
• 1986-03-20Referred TO U.S. Attorney
• 1986-03-20Complaint Filed With Court
• 1989-04-19Final Order Lodged
• 1989-04-19Final Order Entered
• 1989-04-19Concluded
• 1991-02-28Enforcement Action Closed