# UTICA, CITY OF (CIC)
> **Judicial** · FY1985 · — · Litigated With Penalty
## Case
- **Activity ID:** `1980`
- **Case Number:** 02-1985-0080
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Litigated With Penalty
- **Penalty assessed:** $88K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- UTICA, NY, CITY OF (complaint) (settlement)
## Summary

THIS ACTION RECOMMENDS THAT A MOTION BE FILED IN THE       U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF N.Y. TO     COLLECT STIPULATED PENALTIES OWED BY THE CITY OF UTICA PUR-  SUANT TO AN OUTSTANDING CONSENT DECREE.                        THE CITY HAS FAILED TO COMPLY IN A TIMELY FASHION WITH     PROVISIONS OF A CONSENT DECREE ENTERED IN SEPTEMBER 1984.    THE CITY WAS TO PERFORM BY DATES CERTAIN CONSTRUCTION WORK   NECESSARY TO ELIMINATE DRY WEATHER OVERFLOWS FROM ITS SEWER  SYSTEM.  THE DEFENDANT AGREED TO THE PAYMENT OF STIPULATED   PENALTIES WHEN IT SIGNED THE CONSENT DECREE, BUT HAS FAILED  TO RESPOND TO THE REGION'S DEMAND LETTER.                      THE PROPOSED RELIEF TO BE SOUGHT: A FINDING THAT THE CITY  HAS VIOLATED THE CONSENT DECREE; PAYMENT OF THE STIPULATED   PENALTIES TOTALLING $131,700.                                  THE CASE IN CHIEF WAS FILED JUNE 2, 1977, ALLEGING UTICA   HAD DISCHARGED RAW SEWAGE INTO THE MOHAWK RIVER THROUGH      DRY WEATHER OVERFLOWS.  A PARTIAL CONSENT DECREE WAS         ENTERED ON AUGUST 16, 1977 AND SUBSEQUENTLY AMENDED ON       SEPTEMBER 23, 1977.  A MORE COMPREHENSIVE DECREE WITH        STIPULATED PENALTY PROVISIONS, WHICH UTICA HAS NOW           VIOLATED, WAS ENTERED ON SEPTEMBER 12, 1984.

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