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$________ – DOJ – EPA – Westchester County Sued To Comply with Cryptosporidium Treatment Plan – Alleged Violation of SWDA.

U.S. District Court, Southern, New York

In this municipal liability action, the United States accused a county of New York State of violating federal regulations. The matter was resolved via settlement.

The defendant, Westchester County, operates Water District No. 1 – a public water system that provides drinking water to the public water systems owned and operated by the cities of Mount Vernon, White Plains, and Yonkers, as well as the Town/Village of Scarsdale. Those municipalities in turn distribute the drinking water to their residents. The Enhanced Water Treatment Rule, promulgated by U.S. Environmental Protection Agency (EPA) pursuant to the Safe Drinking Water Act (SWDA), required certain public water systems to implement specific water treatment measures for the inactivation of Cryptosporidium by April 1, ________. The U.S. Department of Justice (DOJ) asserted that defendant failed to implement the water treatment plan by that deadline, and further, had not done so at the time of the filing of this complaint.

The United States filed suit on behalf of the EPA in the U.S. District Court for the Southern District of New York. The County of Westchester, New York was accused the County of violating the SWDA and the Enhanced Surface Water Treatment Rule. The plaintiff sought recovery of civil penalties, as well as other relief.The matter was resolved with a consent decree, in which the defendant agreed to pay a $________ civil penalty, as well as undertaking other compliance measures.

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