EPA v. Buffalo Sewer Authority

Case summary

EPA is amending the Respondent's 2012 Administrative Order to memorialize the approved CSO Long Term Control Plan (LTCP) with a final compliance date of March 18, 2034. The Respondent serves approximately 600,000 people, half in the City of Buffalo and half in ten municipalities outside of the City with separate sanitary sewer systems that feed into the facility. The Respondent has 52 CSO points which represents approximately 10% of the statewide CSO points (outside of NYC). Various water bodies into which the Respondent's CSOs discharge are classified as Class C water bodies. NYSDEC agrees with EPA's position that waters designated as Class C must be protected for primary contact recreation, at least seasonally. Protection for primary contact recreation requires coliform bacteria level controls. The Respondent's original CSO LTCP, which it submitted to NYSDEC in 2004, did not provide for such protection. On January 10, 2014, the Respondent submitted its final CSO LTCP that included a twenty year schedule, and which EPA (and NYSDEC) approved on March 18, 2014.

Defendants (1)

• Buffalo Sewer AuthorityNamed in settlement

Facilities (1)

• BIRD ISLAND WWTF

  90 WEST FERRY STREET, BUFFALO, NY, 14213

  Registry ID: 110001568704

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Buffalo Sewer Authorityentered 2014-04-11

  Primary law: CWA

Timeline (4 milestones)

• 2014-04-11Final Order Issued
• 2014-04-11NPDES Closed
• 2014-04-11Enforcement Action Closed
• 2014-09-22Enforcement Action Data Entered