# CITY OF NEW BEDFORD
> **Judicial** · FY1993 · — · —
## Case
- **Activity ID:** `273`
- **Case Number:** 01-1993-0022
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** —
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- CITY OF NEW BEDFORD (complaint)
## Summary

THE PROPOSED DEFENDANT IS THE CITY OF NEW BEDFORD, MA.       THE CITY HAS DENIED EPA AND ITS REPRESENTATIVES ACCESS TO    ITS PROPERTY AND ROADWAYS BY ENACTING A CITY ORDINANCE WHICH REQUIRES EPA TO OBTAIN A PERMIT FOR  TRANSPORTATION AND USE  OF EQUIPMENT ASSOCIATED WITH INCINERATION AND WASTEWATER     TREATMENT, AND WHICH ESTABLISHES THE FOLLOWING STANDARD FOR  ISSUANCE OF THE PERMIT:  THE MAYOR AND CITY COUNCIL SHALL    NOT ISSUE A PERMIT FOR THE TRANSPORTATION OF THE ITEMS       ENUMERATED IN THIS SECTION UNLESS IT IS SATISFIED THAT THE   TRANSPORTATION AND USE OF SAID ITEMS SHALL NOT CAUSE AIR     POLLUTION, DANGER TO THE HEALTH OF THE RESIDENTS AND SHALL   NOT BE DETRIMENTAL TO THE WELFARE AND SAFETY OF THE NEIGH-   BORHOOD. ... (EMPHASIS ADDED)                                THE PURPOSE OF THE ORDINANCE IS CLEARLY TO DELAY AND/OR      PREVENT ACCESS BY EPA NECESSARY TO EFFECTUATE A RESPONSE     ACTION. THE REGION HAS SUBMITTED TO DOJ DOCUMENTATION AND    VIDEOTAPE WHICH INCLUDE STATEMENTS BY CITY COUNCILORS TO THE EFFECT THAT THE ORDINANCE IS DESIGNED TO STOP EPA'S REMEDIAL ACTION.                                                      THE STATUTORY PROVISIONS WHICH FORM THE BASIS FOR THE PRO-   POSED ACTION ARE SECTIONS 104(A) AND (E) OF CERCLA 42 U.S.C. 9604(A) AND (E). SECTION 104(A) PROVIDES FOR EPA TO TAKE     RESPONSE ACTION TO ADDRESS A RELEASE OR SUBSTANTIAL THREAT   OF ANY HAZARDOUS SUBSTANCE INTO THE ENVIRONMENT. SECTION     104(E) PROVIDES THAT EPA MAY HAVE AC

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*