EPA v. MAPLE SHADE, NJ, TOWNSHIP OF

Case summary

VIOLATIONS OF NPDES PERMITS ISSUED TO THE TOWNSHIP FOR THE DISCHARGES FROM THE TWO TREATMENT PLANTS INCLUDE EFFLUENT LIMITATIONS VIOLATIONS, FAILURES TO COMPLY WITH SCHEDULES OF CONSTRUCTION ACTIVITIES, AND FAILURES TO OPERATE AND MAINTAIN THE PLANTS PROPERLY. INJUNCTIVE RELIEF SOUGHT THAT IMPOSES AN EXPEDITIOUS CONSTRUCTION SCHEDULE, INTERIM OPERATION AND MAINTENANCE IMPROVEMENTS, INTERIM EFFLUENT LIMITATIONS, AND A SEWER BAN. OUR ONLY RECENT CONTACTS WITH THE DEFENDANT WERE A SERIES OF PLANT INSPECTIONS REVEALING OPERATION AND MAINTENANCE DEFICIENCIES. COMPLIANCE WITH THE REQUIREMENTS AND GOALS OF THE NATIONAL MUNICIPAL POLICY ARE THE SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES. WE ALSO SEEK A SUBSTANTIAL CIVIL PENALTY FOR PAST VIOLATIONS OF THE ACT AND THE PERMITS. THE PROPOSED PENALTY IS CONSISTENT WITH THE CLEAN WATER ACT CIVIL PENALTY POLICY. WHILE WE WILL SEEK A HIGHER PENALTY, OUR BOTTOM-LINE SETTLEMENT FIGURE IS $42,000.

Defendants (2)

• MAPLE SHADE, NJ, TOWNSHIP OFNamed in complaintNamed in settlement
• NEW JERSEY, STATE OFNamed in complaintNamed in settlement

Facilities (2)

• MAPLE SHADE UTILITIES AUTH

  MAIN ST & RTE 73, MAPLE SHADE, NJ, 08052

  Registry ID: 110007945590

• MAPLE SHADE NJ STP #1

  LINWOOD AVENUE, MAPLE SHADE, NJ, 08052

  Registry ID: 110010618466

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MAPLE SHADE, TWP OF & STATE NJentered 1989-04-28

  Primary law: CWA

  Federal penalty: $75,000

Timeline (6 milestones)

• 1988-02-22Referred To Dept Of Justice
• 1989-02-14Complaint Filed With Court
• 1989-04-28Final Order Lodged
• 1989-04-28Final Order Entered
• 1989-04-28Concluded
• 1991-12-19Enforcement Action Closed