EPA v. City of Oswego

Case summary

This civil judicial action seeks injunctive relief and penalties under Section 309 of the CWA, against the Defendant for unpermitted discharges in violation of Section 301 of the CWA from the collection system of its Westside WWTP. The Consent Decree requires the Defendant to pay a cash penalty and perform injunctive relief. The Defendant has agreed to stipulated penalties for late payment of the civil penalty, SSOs and CSOs that occur during the life of the Decree, failure to meet compliance milestones, and failure to meet reporting requirements. The Defendant has agreed to meet the following performance criteria: (1) Eliminate all sanitary sewer overflows; (2) Eliminate all discharges at or near the Riverwalk Manholes (unpermitted CSO point); (3) Allow no more than an average of 4 CSOs per year from Outfall No. 002; Implement the 15 BMPs in the City's SPDES permit; (4) Meet NYS WQS for discharges from Outfall 002; and (5) Comply with all other requirements of the City's permit. The Defendant has agreed to implement the following Compliance Measures to meet or supplement the performance criteria: (1) Routinely inspect and clean the Oswego River Interceptor; (2) Seasonally disinfect discharges from Outfall No. 002; (3) Eliminate inflow of storm water or other flows to the SSS from identified catch basin locations; (4) Monitor flows of all SSOs and CSOs from the West Side System; (5) Post warning signs within 10 feet of all SSOs and CSOs; (6) Establish an Enterprise Fund for sewer use fees; (7) Complete a Sanitary Sewer Evaluation Survey fro the City's SSS; (8) Address escessive infiltration and inflow from privately owned laterals; (9) Allow sewer extensions only when the flow from the extension will be offset by removing 5 times the amount of flow from the system; (10) Develop and implement a Capacity, Management, Operations and Maintenance Program; (11) Develop and implement a WWTP Operation and Maintenance Program; (12) Evaluate and upgrade the pump station; (13) Optimize the Excess Flow Management Facility; (14) Separate 25% of the CSS by November 1, 2014; (15) Separate the second 25% of the CSS by November 1, 2018; (16) Separate the third 25% of the CSS by November 1, 2021; (17) Post-construction monitoring to assess whether the performance criteria have been met, and if not, submit a plan for separation of the final 25% of the CSS.

Defendants (1)

• Oswego, City ofNamed in complaintNamed in settlement

Facilities (1)

• OSWEGO (C) WEST SIDE WWTF

  COR FIRST AVE & W SCHUYLER ST, OSWEGO, NY, 13126

  Registry ID: 110040004955

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• City of Oswegoentered 2010-08-05

  Primary law: CWA

  Federal penalty: $49,500 · State/local: $49,500

Timeline (6 milestones)

• 2005-06-29Referred To Dept Of Justice
• 2005-07-06Enforcement Action Data Entered
• 2010-05-12Final Order Lodged
• 2010-05-12Complaint Filed With Court
• 2010-08-05Concluded
• 2010-08-05Final Order Entered