EPA v. The City of New York, et al. - Hillview

Case summary

The consent decree requires construction of two projects in addition to the cover, the Kensico Eastview Connection (KEC) and the Hillview Reservoir Improvements (HRI). The HRI project will be conducted concurrently with the KEC. Following the completion of the KEC and the HRI, the East Basin cover will be constructed, with expected commencement of full operation in 2042, and then the West Basin cover will be constructed, with expected commencement of full operation in 2049. The City's estimate in 2009 for the cost of its then planned concrete cover for the 90-acre Reservoir was $1.6 billion. Until the cover is in operation, the consent decree also requires the City to implement Interim Measures to help protect the water, including enhanced wildlife management at the Reservoir and Reservoir monitoring. In addition, under the consent decree, the City will pay the United States a civil penalty of $1 million for its past violations of federal requirements. The consent decree also provides that the City will pay New York State $50,000, and implement a state Water Quality Benefit Project in the amount of $200,000, to settle the State's claim for penalties for violations of a state administrative order. At the time that the Consent Judgment (CJ) was entered, in May 2019, NYC believed that a new hydraulic interconnection between the Hillview Reservoir and City Tunnels No. 2 and 3 (the East Basin Interconnection (EBI)) should be included in the Hillview Reservoir (HRI) schedule of the CJ. However, since entry of the CJ, the City conducted the HRI Facility Planning Report and HRI Project Basis of Design Report in accordance with Milestones described in the CJ. As part of the HRI Facility Planning and Basis of Design analysis, the City determined that the EBI was no longer critical and necessary for construction as part of the HRI, and should instead be deferred to the Hillview Cover Project for additional analysis and development during Hillview Cover Facility Planning. The parties have therefore amended the Consent Judgment to provide that the EBI will be part of the Hillview Cover Project schedule rather than the HRI schedule.

Defendants (2)

• New York City Dept. of Environmental ProtectionNamed in complaintNamed in settlement
• City of New YorkNamed in complaintNamed in settlement

Facilities (1)

• NYC DEP KENSICO RESERVOIR

  20 WESTLAKE DR, VALHALLA, NY, 10595

  Registry ID: 110013271547

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (2)

• The City of New York, et al. - Hillviewentered 2022-06-10

  Primary law: SDWA

• The City of New York, et al. - Hillviewentered 2019-05-15

  Primary law: SDWA

  Federal penalty: $1,000,000 · State/local: $50,000

Timeline (5 milestones)

• 2017-05-16Referred To Dept Of Justice
• 2017-05-25Enforcement Action Data Entered
• 2019-03-18Complaint Filed With Court
• 2022-04-13Final Order Lodged
• 2022-06-10Final Order Entered