EPA v. Town of Newburgh

Case summary

The Town violated a previously issued AO which required compliance with all provision of 40 CFR Part 141, Subpart L (Stage 1 Disinfectants and Disinfection Byproducts Rule) including the maximum contaminant level (MCL) for haloacetic acids. The MCL violation triggered the filtration requirement under 40 CFR Part 141, Subpart L (Surface Water Treatment Rule). The consent decree establishes an enforceable schedule to design, build, and operate a filtration plant. Injunctive relief includes the cost to design and construct a membrane filltration plant. It also includes the cost for the necessary chadwick plant upgrades and the O&M for one year of operation and the cost associated with public notification.

Defendants (1)

• Newburgh, Town ofNamed in complaintNamed in settlement

Facilities (1)

• NEWBURGH CONSOLIDATED WD

  1496 ROUTE 300, NEWBURGH, NY, 12550

  Registry ID: 110012964168

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations
• SDWA 1414G — PWS - Violation of 1414(g) AO

Enforcement conclusions (1)

• Town of Newburghentered 2008-09-16

  Primary law: SDWA

  Federal penalty: $100,000 · SEP: $912,000

Timeline (7 milestones)

• 2006-03-29Referred To Dept Of Justice
• 2006-04-04Enforcement Action Data Entered
• 2008-06-30Final Order Lodged
• 2008-06-30Complaint Filed With Court
• 2008-09-16Final Order Entered
• 2008-09-16Concluded
• 2017-11-30Enforcement Action Closed