EPA v. NYSOMH (MARCY)

Case summary

THIS IS A DIRECT REFERRAL TO DOJ FOR THE FILING OF A JOINT MOTION TO AMEND THE CONSENT DECREE ENTERED ON JUNE 2, 1983 IN CIVIL ACTION NO. 81-CV-482 BETWEEN THE STATE OF NEW YORK (THE OFFICE OF MENTAL HEALTH AND MENTAL RETARDATION AND THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES) & EPA, WHICH ADDRESSED, AMONG OTHER MATTERS, THE NONCOMPLI- ANCE OF THE MARCY PSYCHIATRIC CENTER WITH 6 NYCRR PART 227. PURSUANT TO THE CONSENT DECREE, THE DEFENDANT APPROPRIATED FUNDS AND CONSTRUCTED AN EXPERIMENTAL POLLUTION CONTROL SYSTEM COSTING $1.58 MILLION. DEFENDANT COMPLETED CONSTRUCTION OF THE CONTROL EQUIPMENT AND CONDUCTED A STACK TEST IN SPRING OF 1983. IMMEDIATELY THEREAFTER, THE CONTROL EQUIPMENT BEGAN TO FAIL AND BECAME COMPLETELY INOPERABLE BY THE FALL OF 1983. IT WAS APPARENT BOTH TO EPA AND THE DEFENDANT THAT IN ORDER FOR COMPLIANCE WITH PART 227 TO BE ACHIEVED, THE CONTROL EQUIPMENT WOULD NEED TO BE REPLACED BY MORE TRADITIONAL TECHNOLOGY. WHILE CONSULTING WITH ATTORNEYS FROM OECM AND DOJ ASSIGNED TO THE ORIGINAL REFERRAL (DOCKET CASE NO. 02-78-E025), REGION II NEGOTIATED AN AMENDMENT TO THE 1983 CONSENT DECREE WHICH ES- TABLISHES A COMPLIANCE SCHEDULE FOR THE DESIGN, CONSTRUC- TION, TESTING, AND OPERATION OF CONVENTIONAL EMISSION CON- TROLS (A BAGHOUSE), INTERIM PROCEDURES FOR MINIMIZING EMIS- SIONS PENDING COMPLETION OF THE NEW CONTROLS, AND STIPULATED PENALTIES FOR FAILURE TO MEET THE COMPLIANCE SCHEDULE. THIS AMENDED CONSENT DECREE SHOULD BE CREDITED AS A CIVIL JUDICIAL REFERRAL UNDER THE POLICY SET FORTH IN THE JUNE 15, 1984 MEMO BY ASSISTANT ADMINISTRATOR COURTNEY M. PRICE. THE MODIFICATION DEVISED AN ENTIRELY NEW PLAN AND SCHEDULE FOR COMPLIANCE, INCLUDING THE INSTALLATION OF A NEW BAGHOUSE NOT ENVISIONED BY THE ORIGINAL DECREE. THIS MODIFICATION WAS UNFORESEEABLE BECAUSE THERE WOULD HAVE BEEN NO NEED FOR NEW CONTROLS HAD THE ORIGINALLY INSTALLED CONTROLS ACHIEVED AND SUSTAINED COMPLIANCE. FINALLY, SIGNIFICANT RESOURCES WERE NEEDED TO NEGOTIATE THIS MODIFICATION. ENGINEERING RE- VIEW AND JUDGMENTS WERE NECESSITATED AS WERE PROTRACTED LE- GAL NEGOTIATIONS.

Defendants (3)

• NYS OFFICE OF MENTAL HEALTHNamed in complaint
• MARCY PSYCHIATRIC CENTER
• NYS OFF OF MENTAL RETARDATION & DEV. DISNamed in complaint

Facilities (1)

• NYS DPT OF MNTL HYG-MID HUDSON

  ROUTE #291 & 49, MARCY, NY, 13403

  Registry ID: 110010761853

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Timeline (4 milestones)

• 1986-09-29Referred To Dept Of Justice
• 1987-10-16Complaint Filed With Court
• 1987-10-16Concluded
• 1987-10-16Enforcement Action Closed