EPA v. NEWBURGH, TOWN OF (INDIANA)

Case summary

THE TOWN OF NEWBURGH, INDIANA HAS BEEN ISSUED TWO ADMINISTRA TIVE ORDERS TO COMPLY WITH ITS NPDES PERMIT FOR ITS WASTE TREATMENT PLAN. THE FIRST ORDER WAS ISSUED IN 1993; THE SECOND IN 1997. PERMIT VIOLATIONS INCLUDE EXCURSIONS OF EFFLUENT LIMITATIONS AT TWO OUTFALLS WHICH DISCHATGE TO THE OHIO RIVER AND A TRIBUTARY OF THE OHIO RIVER (CYPRESS CREEK) OTHER PERMIT VIOLATIONS INCLUDE PROBIBITED SANITARY SEWER OVERFLOWS AND DEFICIENCIES IN MEETING MONITORING REQUIRE- MENTS. THE REFERRAL REQUESTS THAT CIVIL PENALTIES AND INJUNCTIVE RELIEF BE SOUGHT AGAINST THE TOWN OF NEWBURGH FOR CLEAN WATER ACT VIOLATIONS. CWA (MUNICIPAL) ON 10/12/01 U.S. EPA ISSUED A REVISED DRAFT CONSENT DECREE TO THE TOWN. THE TOWN PLANS TO MEET WITH DOJ AND U.S. EPA IN MARCH 2002 IN AN ATTEMPT TO FINALIZE SETTLEMENT NEGOTIA- TIONS. MUCH OF THE INJUNCTIVE RELIEF THAT THE U.S. ORIGINAL LY SOUGHT HAS BEEN COMPLETED BY THE TOWN AS PART OF ITS PLANT EXPANSION PROJECT.

Defendants (1)

• NEWBURGH, TOWN OF (INDIANA)Named in complaintNamed in settlement

Facilities (1)

• NEWBURGH WWTP

  6366 VANADA RD, NEWBURGH, IN, 47630

  Registry ID: 110006645700

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• NEWBURGH, TOWN OF (INDIANA)entered 2006-02-21

  Primary law: CWA

  Federal penalty: $56,000

Timeline (5 milestones)

• 1998-12-30Referred To Dept Of Justice
• 1999-01-20Enforcement Action Data Entered
• 2005-10-31Complaint Filed With Court
• 2006-02-21Final Order Entered
• 2006-02-21Final Order Lodged