# NYSOMH (MARCY)
> **Judicial** · FY1986 · — · Final Order No Penalty
## Case
- **Activity ID:** `2204`
- **Case Number:** 02-1986-0283
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order No Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- MARCY PSYCHIATRIC CENTER
- NYS OFF OF MENTAL RETARDATION & DEV. DIS (complaint)
- NYS OFFICE OF MENTAL HEALTH (complaint)
## Summary

THIS IS A DIRECT REFERRAL TO DOJ FOR THE FILING OF A JOINT MOTION TO AMEND THE CONSENT DECREE ENTERED ON JUNE 2, 1983   IN CIVIL ACTION NO. 81-CV-482 BETWEEN THE STATE OF NEW YORK  (THE OFFICE OF MENTAL HEALTH AND MENTAL RETARDATION AND THE  OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES) & EPA, WHICH ADDRESSED, AMONG OTHER MATTERS, THE NONCOMPLI-  ANCE OF THE MARCY PSYCHIATRIC CENTER WITH 6 NYCRR PART 227.  PURSUANT TO THE CONSENT DECREE, THE DEFENDANT APPROPRIATED   FUNDS AND CONSTRUCTED AN EXPERIMENTAL POLLUTION CONTROL      SYSTEM COSTING $1.58 MILLION.                                  DEFENDANT COMPLETED CONSTRUCTION OF THE CONTROL EQUIPMENT  AND CONDUCTED A STACK TEST IN SPRING OF 1983.  IMMEDIATELY   THEREAFTER, THE CONTROL EQUIPMENT BEGAN TO FAIL AND BECAME   COMPLETELY INOPERABLE BY THE FALL OF 1983.  IT WAS APPARENT  BOTH TO EPA AND THE DEFENDANT THAT IN ORDER FOR COMPLIANCE   WITH PART 227 TO BE ACHIEVED, THE CONTROL EQUIPMENT WOULD    NEED TO BE REPLACED BY MORE TRADITIONAL TECHNOLOGY.  WHILE   CONSULTING WITH ATTORNEYS FROM OECM AND DOJ ASSIGNED TO THE  ORIGINAL REFERRAL (DOCKET CASE NO. 02-78-E025), REGION II    NEGOTIATED AN AMENDMENT TO THE 1983 CONSENT DECREE WHICH ES- TABLISHES A COMPLIANCE SCHEDULE FOR THE DESIGN, CONSTRUC-    TION, TESTING, AND OPERATION OF CONVENTIONAL EMISSION CON-   TROLS (A BAGHOUSE), INTERIM PROCEDURES FOR MINIMIZING EMIS-  SIONS PENDING COMPLETION OF THE NEW CONTROLS, AND STIPULATED PENALTIES FOR FAILURE TO MEET THE COMP

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