EPA v. WESTCHESTER, COUNTY OF

Case summary

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). ATTORNEY, ENFORCEMENT CASE HAS BEEN CONCLUDED AND CONSENT DECREE HAS BEEN RE-OPENED. JD 12/11/98. CASE CLOSED AND CD TERMINATED ON FEB. 25, 2002 (E-MAIL TO ENFORCEMENT AND CONSENT DECREE FILE CONFIRM CLOSURE). Action re-opened to account for two CD amendments. First CD amendment entered on January 9, 1992. Second CD amendment entered on December 6, 1994.

Defendants (2)

• WESTCHESTER, COUNTY OFNamed in complaintNamed in settlement
• WESTCHESTER, DEPT OF ENVIR FACILITIESNamed in complaintNamed in settlement

Facilities (1)

• WESTCHESTER COUNTY OFFICE BLDG

  148 MARTINE AVE, WHITE PLAINS, NY, 10601

  Registry ID: 110004367444

Statutes cited

• MPRSA 101B — Mar. Prot, Res & Sanc Act

Enforcement conclusions (3)

• WESTCHESTER, COUNTY OF & DEFentered 1989-08-07

  Primary law: MPRSA

• WESTCHESTER, COUNTY OFentered 1994-12-06

  Primary law: MPRSA

• WESTCHESTER, COUNTY OFentered 1992-01-09

  Primary law: MPRSA

Timeline (6 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
• 1994-09-17Final Order Lodged
• 1994-12-06Final Order Entered