EPA v. Atlantic County Utilities Authority

Case summary

On July 22, 2021, the U.S. District Court for the District of New Jersey granted the governments? motion to enter the Consent Decree (CD), to resolve violations of the Clean Air Act regulations at 40 C.F.R. Part 62, Subpart LLL, the ?Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or Before October 14, 2010.? The violations relate to the Defendant's operation of two sewage sludge incinerators (SSI) at its wastewater collection and treatment facility in Atlantic City, New Jersey. The violations addressed in the CD include failure to meet performance testing requirements for the SSI, failure to set and meet applicable operating limits for the SSI, and failure to meet Subpart LLL emission standards during SSI bypass events. The CD requires the Defendant to comply with all Subpart LLL requirements, including the submission of control and monitoring plans and reports, conducting performance tests and establishing operating parameter limits, and establishing standard operating procedures to minimize bypass events and comply with specified recording requirements for bypass events. The CD requires the Defendant to pay a total cash penalty of $75,000; the penalty will be divided equally between the United States and New Jersey, which is a co-plaintiff in this case. The Defendant will also complete a state-only New Jersey environmentally beneficial project to install two electric vehicle charging stations in Atlantic County.

Defendants (1)

• Atlantic County Utilities AuthorityNamed in complaintNamed in settlement

Facilities (2)

• ATLANTIC CNTY UTIL AUTH CITY ISLAND WWTP

  1701 ABSECON BLVD, ATLANTIC CITY, NJ, 08401

  Registry ID: 110070828272

• ATLANTIC CNTY UTIL AUTH CITY ISLAND WWTP

  1701 ABSECON BLVD, ATLANTIC CITY, NJ, 08401

  Registry ID: 110070828272

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 129 — Solid Waste Fuel Combustion

Enforcement conclusions (1)

• Atlantic County Utilities Authorityentered 2021-07-22

  Primary law: CAA

  Federal penalty: $37,500 · State/local: $37,500

Timeline (5 milestones)

• 2017-05-03Referred To Dept Of Justice
• 2017-05-16Enforcement Action Data Entered
• 2021-01-15Complaint Filed With Court
• 2021-01-15Final Order Lodged
• 2021-07-22Final Order Entered