EPA v. KEARNY, N.J., TOWN OF

Case summary

THE PERMITTEE, THE TOWN OF KEARNY, NEW JERSEY, HAS VIOLATED THE TERMS OF ITS NJPDES PERMIT. THE PERMIT IMPOSES INTERIM EFFLUENT LIMITS AND FINAL LIMITS, EXPRESSED AS 'NO DISCHARGE', EFFECTIVE SEPTEMBER 1, 1987. THE TOWN OF KEARNY IS ALSO IN VIOLATION OF THE COMPLIANCE SCHEDULE IN ITS PERMIT, WHICH REQUIRES THE TOWN OF KEARNY TO TAKE STEPS TO CONNECT ITS SEWAGE TREATMENT PLANT TO A REGIONAL SEWAGE TREATMENT FACILITY OPERATED BY THE PASSAIC VALLEY SEWERAGE COMMISSIONERS (PVSC), LOCATED IN NEWARK, NEW JERSEY. THE CURRENT PERMIT ALSO CONTAINS REQUIREMENTS TO PROPERLY OPERATE AND MAINTAIN THE KEARNY PLANT AND IMPOSES SAMPLING AND MONITORING REQUIREMENTS. THE TOWN OF KEARNY HAS FAILED TO OPERATE AND MAINTAIN EFFICIENT OPERATION OF ITS SEWAGE TREATMENT PLANT. THE REGION SEEKS A CIVIL PENALTY FOR PAST VIOLATIONS OF THE CLEAN WATER ACT AND A JUDICIAL ORDER THAT IMPOSES A CONSTRUCTION SCHEDULE AND INTERIM EFFLUENT LIMITATIONS, THAT REQUIRES THE TOWN OF KEARNY TO CONNECT TO THE PVSC FACILITY AND CEASE DISCHARGE FROM THE KEARNY SEWAGE TREATMENT PLANT AND ALSO PROVIDES FOR STIPULATED PENALTIES FOR FUTURE FAILURES TO COMPLY WITH THIS SCHEDULE AND LIMITS. * FACILITY NAME: KEARNY STP 39 CENTRAL AVE KEARNY, NJ 07032 * OWNERSHIP: M EPID#: NJD982281032

Defendants (2)

• KEARNY, TOWN OFNamed in complaintNamed in settlement
• NEW JERSEY, STATE OFNamed in complaintNamed in settlement

Facilities (1)

• KEARNY STP

  CENTRAL AVENUE, KEARNY, NJ, 07032

  Registry ID: 110010760453

Statutes cited

• CWA 308 — Information Request, Records, Entry
• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• KEARNY, TOWN OFentered 1990-09-07

  Primary law: CWA

  Federal penalty: $85,000

Timeline (7 milestones)

• 1987-12-31Referred To Headquarters
• 1988-02-10Referred To Dept Of Justice
• 1988-07-06Complaint Filed With Court
• 1990-09-07Concluded
• 1990-09-07Final Order Lodged
• 1990-09-07Final Order Entered
• 1991-12-19Enforcement Action Closed