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The US Department of Justice announced on Tuesday, Sept. 19 that both the United States and the State of New York entered into a civil Consent Decree with Mount Vernon to resolve ongoing litigation regarding sewage entering the city's sewers.
According to federal officials, the city failed to comply with Clean Water Act requirements for municipal storm sewers, causing the raw sewage to be discharged into the Bronx and Hutchinson Rivers.
Because Mount Vernon operates a municipal separate storm sewer system (MS4) that carries stormwater and discharges it into nearby waters without any treatment, the city is required by its MS4 permit to identify and eliminate any sewage or pollutants flowing into its sewers under the Clean Water Act.
However, in June 2018, Mount Vernon was sued by the United States following allegations that the city had failed to comply with these obligations and had allowed the raw sewage to drain into its sewer systems. The complaint also alleged that the city had not followed two orders from the federal Environmental Protection Agency issued to compel Mount Vernon to meet the requirements.
Two years later, in September 2020, the District Court granted the government's motion for summary judgment and ordered the city to take steps to follow the Clean Water Act requirements. According to federal officials though, the city repeatedly missed deadlines and reporting obligations which forced the government to obtain several more court orders ordering the city to comply with regulations, as well as financial sanctions.
Since then, the city has made progress in complying with the Clean Water Act but still has a long way to go, officials said.
According to the settlement terms, some of the requirements Mount Vernon must implement include:
- Performing sewer system repairs estimated by the city to cost over $100 million;
- Building two pump stations that will eliminate potential sewer system infiltration;
- Eliminating all sources of illicit discharges in 30 days or submitting a plan to address specific sources over a longer period of time that must be approved by the EPA and New York State;
- Mitigating sewer overflows that could cause elicit discharges;
- Completing and implementing several plans for correcting the sewer problems.
Mount Vernon will also be required to pay a $200,000 civil penalty, of which half will go to the US and half will go to New York State with payment suspended unless the city fails to comply with the terms of the settlement.
The Consent Decree will be lodged with the District Court for at least 30 days before it is submitted for the court's approval in order to provide time for public notice, officials said.
US Attorney Damian Williams said that the settlement would help protect the city's residents.
"This important settlement provides a path forward for the City of Mount Vernon to comply with the Clean Water Act, protect water quality, and address the needs of its residents who are living with the unlawful discharge of sewage and illicit pollutants," Williams said.
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