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

Case summary

Respondent owns and operates a statewide MS4. MS4 Audits of three different regions were conducted over a period from June 2012 to June 2013 and identified that the Respondent was not complying with the terms and conditions of the NYSDEC MS4 General Permit. Permit violations ranged from failure to fully develop and implement an adequate IDDE program, an adequate construction stormwater program, a post-construction program and a pollution prevention / good housekeeping program that addresses multiple operations within Respondent's jurisdiction, as well as failure to conduct self assessments as required. An Administrative Order was issued on March 5, 2014 to order Respondent to comply with the requirements of the NYSDEC MS4 General Permit. Compliance with the Administrative Order was determined as a result of correspondence received from the Respondent in response to the Administrative Order. Penalty assessed by Administrative Law Judge.

Defendants (1)

• New York State Department of TransportationNamed in complaintNamed 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 2020-06-29

  Primary law: CWA

  Federal penalty: $88,301

Timeline (5 milestones)

• 2016-06-15Complaint Filed/Proposed Order
• 2016-06-28Enforcement Action Data Entered
• 2020-06-29Final Order Issued
• 2020-08-28NPDES Closed
• 2020-08-28Enforcement Action Closed