Act - DEF/EPA Consent Agreement

This Act authorizes the Westchester County Department of Environmental Facilities (DEF) to enter into a Consent Agreement & Final Order (CA/FO) with the U.S. Environmental Protection Agency (EPA) to settle a proceeding regarding violations at the Brockway Place Transfer Station, located at 75 Brockway Place, White Plains, New York. The settlement requires DEF to pay a civil penalty of $38,000.00.

The violations stem from the facility's unpermitted stormwater outfall discharging pollutants into the East Branch of the Mamaroneck River. Despite implementing Best Management Practices and new systems, stormwater sampling results have consistently exceeded benchmark concentrations for several substances, including Aluminum, Cadmium, Copper, Iron, Lead, Total Suspended Solids, and Zinc. This is the third such administrative compliance order issued by the EPA to DEF for this facility.

Under the CA/FO, DEF admits the allegations, waives its right to contest them, and agrees to the penalty. The County Attorney and DEF recommend this settlement as the lowest possible amount under the circumstances, noting DEF's compliance efforts. The Act takes effect immediately upon adoption.