YORK, CITY OF

On February 16, 2012, EPA filed CAFOs with Manor and Swatara Townships, and the Cities of Lebanon and York, Pennsylvania. All four municipalities, which are covered under Pennsylvania’s Phase II (Small) Municipal Separate Storm Sewer System Permit, were charged with failing to implement required “minimum control measures” for stormwater management. In the CAFOs, Respondents have agreed to pay penalties for these violations. These amounts were calculated by taking into account the Clean Water Act statutory factors, including financial costs experienced by Respondents from Tropical Storm Lee in September 2011. The four municipalities, along with the City of Lancaster which has previously resolved its violations, were targeted in part because their discharges enter tributaries to waters of the Chesapeake Bay watershed. EPA had separately issued each municipality an Administrative Order for Compliance in June 2011.