EPA v. BUCKS COUNTY WATER SEWER AUTHORITY (5 WWTP)

Case summary

On March 24, 2022, the U.S. District Court for the Eastern District of Pennsylvania entered the Consent Decree (CD) signed by the United States, the Commonwealth of Pennsylvania Department of Environmental Protection (PADEP), and the Bucks County Water and Sewer Authority (?BCWSA?), settling violations of the federal Clean Water Act and Pennsylvania Clean Streams Law. The CD resolves violations primarily consisting of sanitary sewer overflows and operation and maintenance violations under its state-issued permits. Under the CD, BCWSA will pay a $450,000 penalty, split equally between the U.S. and the State, and will evaluate and upgrade its sewer systems, adopting extensive measures to assure compliance with the CWA and the Clean Streams Act. BCWSA owns and operates hundreds of miles of sewer pipes and associated treatment plants, and wastewater collection and conveyance systems, largely situated in Bucks County. The injunctive relief aims to remedy the ongoing sanitary sewer overflows, including more than 100 that have occurred in Plumstead Township alone since 2014, as well as in Bensalem, Richland, Doylestown Borough, Middletown, Upper Dublin, and New Hope-Solebury. As part of its injunctive relief measures, BCWSA will undertake a variety of activities including monitoring water flow; modelling the collection system; conducting inflow and infiltration evaluations; identifying and remedying hydraulic capacity limitations; addressing illegal sewer connections; and improving its overall operation and maintenance program at a cost of approximately $26 million.

Defendants (1)

• BUCKS COUNTY WATER SEWER AUTHORITYNamed in complaintNamed in settlement

Facilities (5)

• KINGS PLAZA WWTP, PA 0051250

  LAT: 40 16'19 N; LO: 75 07' 33 W, WARRENGTON, PA, 18978

  Registry ID: 110071234824

• HARVEY AVENUE WWTP, PA 0021172

  LAT: 40 18' 54 N: LO: 75 08' 22 W, WARRENGTON, PA, 18978

  Registry ID: 110071234826

• TIMBERLY FARMS WWTP, PA 0058475

  LAT: 40 23' 20 N: LO: 75 08' 10, WARRENGTON, PA, 18978

  Registry ID: 110071234827

• UPPER DUBLIN WWTP, PA 0029441

  LAT: 40 08' 3 N; LO: -75 11'34.1 W, WARRENGTON, PA, 18978

  Registry ID: 110071234823

• GREEN STREET WWTP, PA 0021181

  LAT: 40 18' 01 N; LO: 75 07' 22 W, WARRENGTON, PA, 18978

  Registry ID: 110071234825

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BUCKS COUNTY WATER SEWER AUTHORITY (5 WWTP)entered 2022-03-24

  Primary law: CWA

  Federal penalty: $225,000 · State/local: $225,000

Timeline (6 milestones)

• 2012-09-28Referred To Dept Of Justice
• 2012-10-02Enforcement Action Data Entered
• 2022-03-24Final Order Lodged
• 2022-03-24Final Order Entered
• 2022-03-24Complaint Filed With Court
• 2023-04-19Demand for Stipulated Penalties