Byram River v. Village of Port Chester

No. 74 Civ. 4054 (S.D.N.Y. January 8, 1976)

ELR Digest

The parties stipulate that the defendants will apply for federal grants in order to pursue an itemized schedule for construction of sewage treatment facilities in Port Chester. The schedule provides for appointment of a state employee to oversee the project, public hearings on the project's environmental impact, progress reports on the defendants' success in meeting scheduled deadlines and grant application requirements, submission of the grant application with supporting papers to and review of the application by the New York Department of Environmental Conservation, and responses to possible questions raised by the United States Environmental Protection Agency. Following EPA application approval, the schedule stipulates funding by the state through a grant contract, awarding contracts for construction of the sewage treatment facilities, and inclusion of a reasonable completion schedule for construction.

In addition, the plaintiffs are to be kept apprised of the project's status; the state cannot rescind the grant monies once they are approved; the village agrees to operate the constructed plant in accordance with its National Pollutant Discharge Elimination System (NPDES) permit and Interstate Sanitation Commission (ISC) regulations; and the ISC agrees to inspect the plant at least once every three months. The action is suspended during the tenure of the Stipulation, but the court retains jurisdiction to enforce the Stipulation or to modify its effect if the conditions upon which it is based do not occur.

The full text of this Stipulation may be obtained from ELR (14 pp. $1.75 (without exhibits), ELR Order No. C-1044).

Counsel are listed at 5 ELR 20440.

Knapp, J.

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]