EPA v. BERGEN COUNTY UTILITIES AUTHORITY

Case summary

REFERRAL OF OCEAN DUMPER FOR JUDICIAL ENFORCEMENT PURSUANT TO SECTION 105 OF THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT OF 1972 AS AMENDED. THE VIOLATIONS UPON WHICH THE ACTION IS BASED. IMMINENT VIOLATION OF MPRSA AS AMENDED BY THE OCEAN DUMPING BAN ACT DUE TO PROJECTED FAILURE TO FULLY IMPLEMENT AN ALTERNATIVE TO OCEAN DUMPING BY 12/31/91. RELIEF TO BE SOUGHT. JUDICIAL CONSENT DECREE AND ENFORCEMENT AGREEMENT INCLUDING SCHEDULES FOR IMPLEMENTATION OF INTERIM MEASURES TO DISPOSE OF SLUDGE ON LAND AND LONG TERM ALTERNATIVES, STIPULATED PENALTIES, AND REPORTING REQUIREMENTS. THE MPRSA DOES NOT PROVIDE FOR UP-FRONT CIVIL PENALTIES IN JUDICIAL ACTIONS. NEGOTIATIONS HAVE BEEN CONDUCTED ON A CONTINUING BASIS SINCE DECEMBER 1988 WITH THE STATE AND THE DEFENDANT TO FASHION A JUDICIAL CONSENT DECREE AND ENFORCEMENT AGREEMENT TO MEET THE REQUIREMENTS OF THE BAN ACT. THE SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES. ENTRY OF CONSENT DECREES AND ENFORCEMENT AGREEMENTS IN THIS AND THE OTHER 8 MPRSA JUDICIAL ACTIONS REFERRED BY THE REGIONAL ADMINISTRATOR ON JULY 5, 1989 WILL RESULT IN THE COMPLETE CESSATION OF ALL OCEAN DUMPING OF SEWAGE SLUDGE IN THE UNITED STATES. DECISION TO INITIATE ENFORCEMENT PROCEEDINGS. NOVEMBER 18, 1988 - SIGNING INTO LAW BY PRESIDENT REAGEN OF THE OCEAN DUMPING BAN ACT. ANY OTHER ASPECT OF THE CASE. EXTRAORDINARY ULTRA FAST TURNAROUND OF CONSENT DECREES BY ALL SIGNATORIES TO ENSURE PERMITS CAN BE ISSUED BY 8/4/89 (PERMITS MAY NOT BE ISSUED UNLESS THE DEFENDANT HAS FIRST ENTERED INTO AN AGREEMENT). * FACILITY ADDRESS: FOOT OF MEHRHOF ROAD LITTLE FERRY, NJ 07643 OWNERSHIP: COUNTY SIC CODE: 4952 EPID# NJD092732569 ************************* DEFENDANT VIOLATED ITS OCEAN DUMPING CONSENT DECREE. THE DECREE WAS MODIFIED AND DEFENDANT ASSESSED PENALTIES AS FOLLOWS: UNFORGIVABLE $500,000 FORGIVABLE $780,000 06/28/93 IS THE DATE THAT THE MODIFIED CONSENT DECREE WAS REFERRED TO HQ FOR APPOVAL. 08/06/93: DOJ EPORT SHOW TRANSFER OF FUNDS OF $27500.00 ON 03/09/93.

Defendants (1)

• BERGEN COUNTY UTILITIES AUTHORITYNamed in complaintNamed in settlement

Facilities (2)

• BERGEN COUNTY UTILITIES AUTHORITY

  FOOT OF MEHRHOF ROAD, LITTLE FERRY, NJ, 07643

  Registry ID: 110017411772

• BERGEN COUNTY UTILITIES AUTHORITY

  FOOT OF MEHRHOF ROAD, LITTLE FERRY, NJ, 07643

  Registry ID: 110017411772

Statutes cited

• MPRSA 101 — Prohibited Acts

Enforcement conclusions (1)

• BERGEN COUNTY UTILITIES AUTHORentered 1989-09-05

  Primary law: MPRSA

  Federal penalty: $27,500

Timeline (8 milestones)

• 1988-11-01Enforcement Action Data Entered
• 1989-07-05Referred To Headquarters
• 1989-07-26Referred To Dept Of Justice
• 1989-08-04Complaint Filed With Court
• 1989-09-05Final Order Lodged
• 1989-09-05Final Order Entered
• 1989-09-05Concluded
• 1998-10-02Enforcement Action Closed