EPA v. JOINT MEETING II (RUTHERFORD,E.RUTHERFORD,CARLSTADT)

Case summary

THE USA FILED A COMPLAINT WITH THE COURT ON 7/11/84 (SEE DOCKET CASE #02-84-E003), ALLEGING THAT THE JOINT MEETING - RUTHERFORD, E. RUTHERFORD, CARLSTADT; THE BOROUGH OF RUTHER- FORD, N.J., THE BOROUGH OF E. RUTHERFORD, N.J., AND THE BOROUGH OF CARLSTADT, N.J. VIOLATED THE CWA, A NPDES PERMIT, AND AN AN ADMINISTRATIVE ORDER ON CONSENT. THE BOROUGHS AND THE JOINT MEETING (THE MUNICIPAL DEFENDANTS ) WERE CHARGED WITH FAILING TO OPERATE & MAINTAIN THEIR SEWAGE TREATMENT PLANT BY ALLOWING MAJOR PORTIONS OF THE PLANT TO DETERIORATE AND BECOME INOPERABLE IN VIOLATION OF THEIR NPDES PERMIT; DISCHARGING POLLUTANTS IN EXCESS OF LIMITATIONS SPECIFIED IN THEIR NPDES PERMIT FOR SUSPENDED SOLIDS, 5-DAY BOD, AND PH; FAILING TO CONVEY THEIR SEWAGE FLOWS TO THE BERGEN COUNTY UTILITIES AUTHORITY (BCUA) FOR TREATMENT; FAILURE TO MAKE SPECIFIED CHANGES TO MAXIMIZE TREATMENT AT THEIR SEW. TREAT. PLANT, IN VIOLATION OF THE ADMINISTRATIVE ORDER ON CONSENT. THE MUNICIPAL DEFENDANTS CROSS CLAIMED AGAINST EACH OTHER AND FILED A THIRD PARTY COMPLAINT AGAINST THE BCUA. AFTER AN EXTENDED PERIOD OF NEGOTIATIONS, THE PARTIES (OTHER THAN BCUA) ENTERED INTO A PARTIAL CONSENT DECREE. ON JUNE 10, 1986 A CROSS MOTION WAS MADE FOR ENFORCEMENT OF THE PARTIAL CONSENT DECREE, DUE TO THE MUNICIPAL DEFEN- DANTS' FAILURE TO COMPLY WITH EFFLUENT LIMITATIONS, SCHED- ULES, AND REPORTING REQUIREMENTS SET FORTH IN THE PCD.

Defendants (5)

• EAST RUTHERFORD, NJ, BOROUGH OFNamed in complaintNamed in settlement
• JOINT MEETING-RUTHERFORD,E.RUTH.,CARLSTANamed in complaintNamed in settlement
• NEW JERSEY, STATE OFNamed in complaintNamed in settlement
• RUTHERFORD, NJ, BOROUGH OFNamed in complaintNamed in settlement
• CARLSTADT, NJ, BOROUGH OFNamed in complaintNamed in settlement

Facilities (1)

• JOINT MEETING STP

  FOOT OF BOROUGH ST., EAST RUTHERFORD, NJ, 07073

  Registry ID: 110010600368

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• JOINT MEETING II (RUTHERFORD,E.RUTHERFORD,CARLSTADentered 1988-02-01

  Primary law: CWA

  Federal penalty: $150,000

Timeline (9 milestones)

• 1986-06-10Enforcement Action Data Entered
• 1986-06-10Referred To Headquarters
• 1986-06-10Referred To Dept Of Justice
• 1986-06-10Referred TO U.S. Attorney
• 1988-02-01Final Order Lodged
• 1988-02-01Final Order Entered
• 1988-02-01Complaint Filed With Court
• 1988-02-01Concluded
• 1989-03-31Enforcement Action Closed