EPA v. CARBONDALE, CITY OF (CITY OF CARBONDALE MS4)

Case summary

On December 21, 2021, Region III issued an Administrative Compliance Order (Order) to the City of Carbondale, PA, (the City) requiring the City to submit to PADEP and EPA a complete application for a NPDES Individual Permit to Discharge Stormwater from Small MS4s, including all documents and information required by PADEP, to obtain a NPDES permit, in accordance with Section 402(a) of the CWA, 33 U.S.C. 1342(a), 40 C.F.R. 122.32(a)(1) and 25 PA Code Title 25, Chapter 92a (National Pollutant Discharge Elimination System Permitting, Monitoring And Compliance), and to take all other steps necessary to complete such application. The Order alleges that the City has failed to submit a complete MS4 Permit Application to PADEP and, subsequent to June 30, 2020, discharges of stormwater from the Carbondale MS4 have continued into Fall Brook, Racket Brook and the Lackawanna River and their associated tributaries, in violation of Section 301 of the CWA, 33 U.S.C. 1311. The previous MS4 Permit, which authorized discharges of storm water from Carbondale's MS4 to the Lackawanna River and certain tributaries, expired on June 30, 2020.

Defendants (1)

• CARBONDALE, CITY OFNamed in settlement

Facilities (1)

• CITY OF CARBONDALE MS4

  1 NORTH MAIN STREET, CARBONDALE, PA, 18047

  Registry ID: 110059712556

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CARBONDALE, CITY OF (CITY OF CARBONDALE MS4)entered 2021-12-21

  Primary law: CWA

Timeline (2 milestones)

• 2021-12-21Final Order Issued
• 2022-01-04Enforcement Action Data Entered