EPA v. WILLIAMSPORT, CITY OF (CITY OF WILLIAMSPORT, PA MUNICIPAL SEPARATE STORM SEWER SYSTEM MS4)

Case summary

On September 29, 2023, Region III ECAD issued an Administrative Order on Consent (AOC) to the City of Williamsport, PA, (the City) requiring specific work to achieve compliance with a NPDES Individual Permit for Discharges from Small Municipal Separate Storm Sewer Systems Permit (the MS4 Permit), issued by Pennsylvania Department of Environmental Protection (PADEP). The MS4 Permit regulates discharges from the permitted MS4 area to the rivers and tributaries within the Chesapeake Bay and Susquehanna River watersheds. The agreed upon AOC is the final stage towards addressing numerous areas of noncompliance with the MS4 Permit. EPA?s July 2022 Notice of Potential Violation and Opportunity to Confer (NOPVOC) identified a broad range of areas of noncompliance, which initially came to EPA?s attention during a remote/off-site NPDES permit compliance audit and separate on-site compliance inspection of the City?s MS4 Program. During post-NOPVOC negotiations, the City and EPA coordinated on necessary actions to further define and address areas of noncompliance. For example, during calendar years 2022-2023, the City identified more than 400 MS4 outfalls, which had been previously unidentified and had not been inspected in accordance with the MS4 Permit. The AOC reflects agreement between the City and EPA as to significant injunctive relief necessary to address numerous areas of MS4 Permit noncompliance. For summary purposes, the AOC requires the City to: a) revise and update Respondent?s MS4 outfall maps and listings of MS4 outfalls, to ensure that such maps and listings accurately reflect the number of MS4 outfalls and location of each MS4 outfall, which is subject to the MS4 Permit; b) conduct, track and document inspections of each such MS4 outfall; c) conduct, track and document inspections of MS4 outfalls where dry weather flows have been observed; d) review and revise Respondent?s Post-Construction Stormwater Management (PCSM) BMP Inventory (PCSM BMP Inventory); e) conduct, track and document inspections and maintenance of each PCSM BMP identified on such PCSM BMP Inventory; f) review and revised Respondent?s Stormwater Ordinance and Stormwater Ordinance Enforcement Program; and g) submit Biannual AOC Progress Reports, to ensure documentation of compliance with the AOC. The primary environmental significance of this matter relates to on-going noncompliance with important aspects of Pennsylvania?s NPDES MS4 permit program, within an area that Region III has identified as an area of environmental justice concern and an area that lies within the Chesapeake Bay and Susquehanna River watersheds. PADEP has been provided notification of this AOC.

Defendants (1)

• WILLIAMSPORT, CITY OFNamed in settlement

Facilities (2)

• CITY OF WILLIAMSPORT, PA MUNICIPAL SEPARATE STORM SEWER SYSTEM MS4

  253 W FOURTH ST, WILLIAMSPORT, PA, 17701

  Registry ID: 110071498065

• WILLIAMSPORT AREA JOINT MS4

  245 W 4TH ST, WILLIAMSPORT, PA, 17701-6113

  Registry ID: 110058930956

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WILLIAMSPORT, CITY OF (CITY OF WILLIAMSPORT, PA MUNICIPAL SEPARATE STORM SEWER SYSTEM MS4)entered 2023-09-29

  Primary law: CWA

Timeline (4 milestones)

• 2023-09-29Final Order Issued
• 2023-10-03Enforcement Action Data Entered
• 2026-07-20NPDES Closed
• 2026-07-20Enforcement Action Closed