EPA v. New York State Department of Transportation - Municipal Separate Storm Sewer System

Case summary

Respondent is a permitted Phase II MS4 in New York. MS4 Audits of Respondent's system were conducted on three different occasions (June 19 - 21, 2012, November 27 - 29, 2012, and June 25 - 27, 2013) in three different geographic areas and determined that the Respondent was not complying with certain terms and conditions of the NYSDEC MS4 General Permit. Violations include: failure to fully implement the Stormwater Management Program Plan, failure to fully develop and implement an adequate illicit discharge, detection and elimination program, failure to fully implement a post-construction program, and failure to fully develop and implement a pollution prevention and good housekeeping program that addresses multiple facilities in Respondent’s jurisdiction and complete self-assessments of municipal facilities as required. An Administrative Compliance Order is being issued to order Respondent to comply with MS4 General Permit conditions.

Defendants (1)

• New York State Department of TransportationNamed in settlement

Facilities (1)

• NYS DEPT OF TRANSPORTATION MS4 STORM SEWERS

  STATEWIDE, ALBANY, NY, 12232-

  Registry ID: 110019830502

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• New York State Department of Transportation - Municipal Separate Storm Sewer Systementered 2014-03-05

  Primary law: CWA

Timeline (4 milestones)

• 2014-03-05Enforcement Action Closed
• 2014-03-05NPDES Closed
• 2014-03-05Final Order Issued
• 2014-03-06Enforcement Action Data Entered