EPA v. City of Rensselaer

Case summary

The Respondent is a permitted MS4 in Rensselaer, NY. An MS4 Audit was conducted from November 17-19, 2009 and identified that the Respondent was not complying with the terms and conditions of the NYSDEC MS4 General Permit. Permit violations included failure to fully implement SWMP by 1/8/08, maintain adequate records, submit annual reports on time, implement public education and outreach program, implement and enforce an IDDE program, implement and enforce a construction site stormwater program and for failure to implement a good housekeeping program. An Administrative Order was issued on June 3, 2010 to order the facility to comply with Permit conditions. Compliance with the Administrative Order was determined as a result of correspondence received from the City in response to the Administrative Order. Once compliance was determined, EPA assessed a penalty. As part of this final order with penalty, the Respondent is also implementing a green infrastructure Supplemental Environmental Project.

Defendants (1)

• City of RensselaerNamed in complaintNamed in settlement

Facilities (1)

• RENSSELAER MS4 STORM SEWERS

  COUNTY-WIDE, RENSSELAER, NY, 12180

  Registry ID: 110019578722

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• City of Rensselaerentered 2012-09-28

  Primary law: CWA

  Federal penalty: $10,500 · SEP: $55,473

Timeline (5 milestones)

• 2012-09-28Final Order Issued
• 2012-09-28Enforcement Action Closed
• 2012-09-28Enforcement Action Data Entered
• 2012-09-28Complaint Filed/Proposed Order
• 2012-09-28NPDES Closed