“The EPA Inspector observed and documented the WWTF Outfall 001, discharging to the unnamed tributary to the Delaware River at the time of the EPA Inspection. The Respondent was not monitoring or recording the discharge event, as required by the Respondent’s NPDES Permit.”

💡 This proves the facility was actively violating federal law during the inspection with no monitoring in place.

“Based on DMR data reported to the EPA through NetDMR, no information was reported (also known as ‘DMR nonreceipt’) for the following months: in 2025- January, February, and March; in 2024 – May; in 2023 – March, June, August, November, December; in 2022 – January through September; and in 2021 – January, February, April, May, July, August, October, November, and December.”

💡 The facility failed to submit legally required reports for over 30 months, hiding pollution from regulators and the public.

“Based on the EPA inspection and discussions with WWTF staff during the inspection, flow meters were not operational, and calculated flows were not being taken in lieu of flow meter measurements, and the location of some flow meters was unknown by the WWTF staff.”

💡 Staff could not locate or operate basic monitoring equipment, revealing systemic undertraining and neglect.

“Based on observations made during the EPA Inspection, the Housing Site WWTF lagoon cells A1 and B1 were covered in algae and had tall woody vegetation on the interior and exterior berms.”

💡 Years of deferred maintenance compromised treatment efficiency and structural integrity to save costs.

“According to statements made by WWTF staff during the EPA inspection, the required monthly walk around and visual inspections were not conducted.”

💡 The facility deliberately skipped mandatory inspections that could have caught and prevented violations.

“Based on observations made during the EPA Inspection, not all the WWTF’s treatment equipment was operational or being maintained including non-operational surface aerators at lagoon cells A1 and B1.”

💡 Critical equipment failures rendered the facility incapable of treating wastewater to legal standards.

“The monthly average limitations for concentration were exceeded in June and September of 2021, and November 2024. The daily maximum limitations for concentration were exceeded in September 2021 and November 2024.”

💡 Ammonia exceedances kill fish and disrupt aquatic ecosystems, with violations recurring over three years.

“The Respondent’s WWTF Outfall 001 discharges to an unnamed tributary that flows year-round and connects to the Delaware River, a traditionally navigable water. The unnamed tributary and Delaware River are ‘waters of the United States’ within the meaning of ‘navigable waters,’ as defined by Section 502(7) of the CWA, 33 U.S.C. § 1362(7).”

💡 Illegal discharges polluted federally protected waters relied upon by downstream communities and ecosystems.

“Respondent neither admits nor denies the specific factual allegations or Findings of Violation in this Order on Consent, except that Respondent admits the jurisdictional allegations herein.”

💡 The consent order allows the Tribe to avoid formally acknowledging wrongdoing despite documented violations.

“Compliance with the terms of this Order shall not relieve Respondent of liability for, or preclude the EPA from, initiating an administrative or judicial enforcement action to recover penalties for any violations of the CWA, or to seek additional injunctive relief, pursuant to Section 309 of the CWA, 33 U.S.C. § 1319.”

💡 The EPA chose not to impose fines now and only reserves the right to do so later, allowing years of violations to go unpunished.

“It is the Parties’ intent through entering into this Order to address Respondent’s alleged noncompliance with the CWA and violation of its National Pollutant Discharge Elimination System (‘NPDES’) permit. As set forth in this Order on Consent, the Parties have amicably reached agreement regarding the timeframes for Respondent to attain compliance with the CWA and its NPDES Permit.”

💡 Legal language reframes illegal discharges as administrative noncompliance and adversarial enforcement as amicable agreement.

“All such actions/work shall be completed as expeditiously as possible, with a final completion date of no later than September 30, 2026.”

💡 The facility has until September 2026 to fix violations first documented in 2021, a five-year gap allowing continued harm.

“The single sample limitations for colony forming units were exceeded in June of 2022.”

💡 E. coli exceedances indicate fecal contamination that poses direct disease risks to anyone using the river.

“The Respondent’s NPDES Permit, Supplemental Conditions, Part D.1., requires that Respondent, ‘shall maintain the lagoon system to ensure the integrity of the lagoon cells and the site around the [WWTF] in a manner that will allow adequate and oversight of the [WWTF].’ Maintenance activities shall include, but not be limited to, regular mowing of the area, grassed dikes to prevent growth of trees or woody plants, prompt removal of emergent vegetation from the lagoon cell, and monthly walk around and visual inspection of each lagoon cell for breaches, animal activity, or any condition that may create damage to the lagoon dikes.”

💡 Required maintenance was systematically ignored, increasing the risk of catastrophic breaches and uncontrolled releases.

“This Order does not constitute a waiver or a modification of any requirements of the CWA, 33 U.S.C. § 1251 et seq., all of which remain in full force and effect. The EPA retains the right to seek any and all remedies available under Sections 309(b), (c), (d), or (g) of the CWA, 33 U.S.C. § 1319(b), (c), (d) or (g), for any violation cited in this Order.”

💡 The EPA explicitly chose not to use its full enforcement authority, opting for voluntary compliance instead of penalties.