EPA v. Reading, City of Sewage Treatment Plant

Case summary

On January 24, 2024, DOJ lodged a material modification to the City of Reading, Pennsylvania CWA Consent Decree, originally entered into in 2005. The City of Reading and Plaintiffs United States and the Commonwealth of Pennsylvania entered into the Consent Decree to resolve claims under the Clean Water Act, the Pennsylvania Clean Streams Law, and related to the National Pollutant Discharge Elimination System (NPDES), and other statutes arising from sanitary sewer overflows in the City of Reading?s wastewater treatment plant. Among other things, the Consent Decree established a process to return the City of Reading to NPDES compliance, including required capital improvements to its wastewater treatment plant and related facilities. The process of new construction and significantly updating and overhauling existing infrastructure has been underway since the Consent Decree was originally entered. Many of the required tasks have been completed or are substantially complete, but some remain outstanding. The Fourth Modification extends the deadlines for completing remaining capital improvement projects because of delays that have occurred in the process of designing, seeking bids for, entering into contracts for, securing materials for, and completing construction on the remaining projects. In particular, Reading experienced delays due to social distancing- related limitations on staffing and delays in manufacturing due to shutdowns and supply chain delays, and expects that the remaining projects will have some level of delays due to these ongoing issues. on behalf of EPA and PADEP, the United States Attorney?s Office (E.D. Pa), filed a Notice of Modification of Consent Decree in the above captioned case. This Notice signed by all parties extends the dates of certain injunctive requirements set forth in the original Consent Decree entered November 7, 2005. While Reading has met a number of requirements in the original Consent Decree (and a subsequently filed 2014 Modification), the City proposed some additional adjustments to accommodate changes in design, construction and financing issues. Reading continues to be a ?Distressed Municipality? subject to the terms of Pennsylvania Municipalities Financial Recovery Act, the alternative to municipal bankruptcy in Pennsylvania. In July 2017, the former Mayor of Reading was charged in federal court with violations of federal anti-corruption laws. In light of those difficulties, EPA and PADEP worked closely with Reading and reached agreement on these modifications to the Decree schedule.

Defendants (1)

• Reading, City of Sewage Treatment PlantNamed in complaintNamed in settlement

Facilities (2)

• READING STP

  899 MORGANTOWN RD, READING, PA, 19607

  Registry ID: 110064604398

• READING FRITZ ISLAND WWTP

  MONROE ST, READING, PA, 19607-9533

  Registry ID: 110064604398

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (3)

• Reading, City of Sewage Treatment Plantentered 2005-11-07

  Primary law: CWA

  Federal penalty: $119,500 · State/local: $119,500 · SEP: $563,000

• Reading, City of Sewage Treatment Plantentered 2019-12-30

  Primary law: CWA

• Reading, City of Sewage Treatment Plantentered 2014-02-25

  Primary law: CWA

Timeline (6 milestones)

• 2002-07-31Referred To Dept Of Justice
• 2002-08-08Enforcement Action Data Entered
• 2004-12-09Complaint Filed With Court
• 2019-12-30Final Order Entered
• 2019-12-30Final Order Lodged
• 2023-06-16Demand for Stipulated Penalties