EPA v. JOINT MEETING - ESSEX & UNION COUNTIES

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 VIOLATION 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 OR 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 JUDICAL 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: 500 SOUTH FIRST STREET ELIZABETH, NJ 07202 OWNERSHIP: COUNTY SIC CODE: 4952 EPID# NJD087277661 ************************************************************ 01/26/94: AS PER TRANSFER OF FUNDS REPORT $250,000.00 WAS RECEIVED ON 11/24/93 STIP. PENALTIES AND $7,500.00- ON 11/28/93. * CASE AND DECREE CLOSED ON MAY 20, 1999.

Defendants (1)

• JOINT MEETING - ESSEX & UNION COUNTIESNamed in complaintNamed in settlement

Facilities (2)

• JOINT MEETING OF ESSEX AND UNION COUNTIES SEWAGE TREATMENT PLANT

  500 SOUTH 1ST STREET, ELIZABETH, NJ, 07202

  Registry ID: 110013994106

• JOINT MEETING OF ESSEX AND UNION COUNTIES SEWAGE TREATMENT PLANT

  500 SOUTH 1ST STREET, ELIZABETH, NJ, 07202

  Registry ID: 110013994106

Statutes cited

• MPRSA 101 — Prohibited Acts

Enforcement conclusions (1)

• JOINT MEETING ESSEX & UNIONentered 1989-12-04

  Primary law: MPRSA

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
• 1989-12-04Final Order Lodged
• 1989-12-04Final Order Entered
• 1989-12-04Concluded
• 1999-05-20Enforcement Action Closed