Water Enforcement: U.S. Environmental Protection Agency and Goshen, New York Transfer Station Operator Enter Into Consent Agreement

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency (“EPA”) and IWS Transfer Systems of NY, Inc. (“IWS”) entered into a Consent Agreement and final Order (“CA”) addressing alleged violations of a Clean Water Act Multi-Sector Stormwater permit. See Docket No. CWA-02-2019-3310.

The CA provides that IWS owns and operates the Goshen Transfer Station in Goshen, New York (“Facility”).

IWS is stated to be an operator of the Facility within the meaning of 40 C.F.R. §122.2. The Facility is stated to have discharged pollutants associated with industrial activity, including stormwater, from a catch basin to an outfall pipe that discharges to a Wallkill River tributary. IWS is stated to have submitted a Notice of Intent (“NOI”) to gain coverage under the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity.

EPA conducted a Compliance Evaluation Inspection on August 23, 2018 of IWS’s facility. It allegedly determined that the facility failed to comply with certain conditions in the previously referenced permit in violation of Section 301 of the Clean Water Act. Such alleged violations were stated to have been detailed in EPA’s Compliance Evaluation Inspection.

The CA provides that IWS neither admits nor denies the factual allegations.

A civil penalty of $6,000.00 is assessed.

A copy of the CA can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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