EPA v. Town of Brookhaven

Case summary

Respondent is a permitted MS4 in the Town of Brookhaven, NY. An MS4 Audit was conducted from June 7 - 9, 2011 and identified that the Respondent was not complying with certain terms and conditions of the NYSDEC MS4 General Permit. Permit violations include failure to: perform self-assessments of municipal facilities every three years, provide employee good housekeeping training, submit annual reports on time, implement certain BMPs at municipal facilities, develop written procedures for construction site inspections, and develop fertilizer and pesticide application procedures. The final administrative penalty order includes a penalty for violations identified as a result of the audit. Once compliance was determined, EPA assessed a penalty. As part of the final order with penalty, the Respondent is also implementing a green infrastructure Supplemental Environmental Project.

Defendants (1)

• Town of BrookhavenNamed in complaintNamed in settlement

Facilities (1)

• BROOKHAVEN MS4 STORM SEWERS

  TOWN-WIDE, BROOKHAVEN, NY, 11719

  Registry ID: 110019300772

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Town of Brookhavenentered 2013-05-22

  Primary law: CWA

  Federal penalty: $10,000 · SEP: $7,956

Timeline (5 milestones)

• 2012-09-07Complaint Filed/Proposed Order
• 2012-09-11Enforcement Action Data Entered
• 2013-05-22Enforcement Action Closed
• 2013-05-22NPDES Closed
• 2013-05-22Final Order Issued