EPA v. City of Mount Vernon

Case summary

The City failed to comply with conditions of the state's NPDES permit for stormwater discharges from municipal separate storm sewer systems (MS4 General Permit) and failed to comply with two EPA administrative compliance orders. The City owns and operates an MS4 consisting of approximately 33 outfalls and associated catch basins and connecting pipe segments. The MS4 outfalls discharge to two rivers. In addition, the City owns and operates a sanitary sewer system (SSS) consisting of at least 195 miles of piping and associated manholes, which convey sanitary sewage from within the City to the Westchester County interceptor trunk sewer line for conveyance to the Westchester County Department of Environmental Facilities Yonkers Joint Wastewater Treatment Plant. Unpermitted discharges of sanitary sewage to the rivers were identified in a Region 2 inspection, and on February 25, 2014, Region 2 issued an administrative compliance order that required the City to develop and implement a Capacity, Management, Operation and Maintenance Program for the SSS and a Stormwater Management Plan for the MS4, in order to address and eliminate all identified illicit connections and discharges, as required by the MS4 General Permit. On March 8, 2016, Region 2 issued to the City a second administrative compliance order revising the schedule for the remaining compliance deadlines, including deadlines that the City had already failed to meet. The revised compliance deadlines were developed in a coordinated effort between the City and EPA in order to incorporate realistic timeframes and to ensure that the remaining tasks would be completed. However, to date, the City has failed to eliminate sources of the illicit discharges and continues to discharge pollutants to waters of the United States. Therefore, the EPA is seeking injunctive relief in the form of full compliance with the revised administrative order and civil penalties for noncompliance. On January 3, 2024, US District Court entered the Consent Decree with the City, resolving storm sewer overflow and MS4 violations under the CWA. The Consent Decree requires the City to perform sewer system repairs estimated to cost in excess of $100 million. The Consent Decree also provides for a $200,000 civil penalty, with $100,000 paid to the United States.

Defendants (1)

• City of Mount VernonNamed in complaintNamed in settlement

Facilities (2)

• MOUNT VERNON MS4 STORM SEWERS

  CITY-WIDE, MOUNT VERNON, NY, 10550

  Registry ID: 110019627064

• CITY OF MOUNT VERNON

  1 ROOSEVELT SQUARE, MOUNT VERNON, NY, 10550

  Registry ID: 110044275842

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (5)

• City of Mount Vernonentered 2024-01-03

  Primary law: CWA

  Federal penalty: $100,000 · State/local: $100,000

• City of Mount Vernonentered 2021-08-16

  Primary law: CWA

• City of Mount Vernonentered 2021-03-10

  Primary law: CWA

• City of Mount Vernonentered 2020-09-22

  Primary law: CWA

• City of Mount Vernonentered 2021-06-22

  Primary law: CWA

Timeline (5 milestones)

• 2016-11-18Referred To Dept Of Justice
• 2016-12-01Enforcement Action Data Entered
• 2018-06-28Complaint Filed With Court
• 2023-09-18Final Order Lodged
• 2024-01-03Final Order Entered