EPA v. WEST NEW YORK, NJ, TOWN OF

Case summary

REGION II RECOMMENDS THAT AN AMENDED COMPLAINT BE FILED PURSUANT TO SECTION 309 OF THE CWA IN THE EXISTING ACTION AGAINST THE TOWN OF WEST NEW YORK, N.J. FOR FURTHER VIOLA- TIONS OF THE NPDES PERMIT ISSUED FOR ITS SEWAGE TREATMENT FACILITY. THE FACILITY IS ONE OF SEVERAL NON-COMPLYING POTW'S IN HUDSON COUNTY, N.J. WHICH WE INTEND TO ADDRESS JUDICIALLY (JERSEY CITY AND THE CITY OF BAYONNE). THIS ACTION IS BASED ON SECTION 301 & 402 OF THE CWA. VIOLATIONS OF THE TOWN FOR ITS SEWAGE TREATMENT PLANT IN- CLUDE VIOLATIONS OF EFFLUENT LIMITATIONS & FAILURE TO ATTAIN SECONDARY TREATMENT THROUGH IMPLEMENTATION OF APPROVED SEC- TIONS 201 & 208 PLANS. PROPOSED RELIEF SOUGHT INCLUDES: INJUNCTIVE RELIEF RE- QUIRING SHORT-TERM OPERATION & MAINTENANCE & LONGER TERM COMPLIANCE WITH SECONDARY TREATMENT REQUIREMENTS; STIPULATED PENALTIES FOR FAILURE TO COMPLY; CIVIL PENALTY SETTLEMENT FIGURE OF $120,000 FOR PAST VIOLATIONS; & SEWER CONNECTION LIMITATION. 08/09/93: DOJ SHOW TRANSFER OF FUNDS 03/11/93 FOR $20,979.00 FOR STIPULATED PENALTIES. * NOTE CD TERMINATED AND CASE CLOSED. ALL TERMS SATISIFIED. * CASE AND CD CLOSED ON SEPT. 30, 2001. *

Defendants (4)

• HUDSON COUNTY UTILITIES AUTHORITYNamed in complaintNamed in settlement
• NEW JERSEY, STATE OFNamed in complaintNamed in settlement
• WEST NEW YORK M.U.A.Named in complaintNamed in settlement
• WEST NEW YORK, NJ, TOWN OFNamed in complaintNamed in settlement

Facilities (1)

• WEST NEW YORK MUNICIPAL UTILITY AUTHORITY STP

  6400 RIVER ROAD, WEST NEW YORK, NJ, 07093

  Registry ID: 110000734509

Statutes cited

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

Enforcement conclusions (1)

• WEST NEW YORK, NJ TOWN OFentered 1990-10-29

  Primary law: CWA

  Federal penalty: $160,000

Timeline (7 milestones)

• 1985-09-27Referred To Headquarters
• 1985-11-12Referred To Dept Of Justice
• 1986-03-20Complaint Filed With Court
• 1990-10-29Final Order Lodged
• 1990-10-29Final Order Entered
• 1990-10-29Concluded
• 2001-09-30Enforcement Action Closed