In July 2007, the New York State Department of Environmental Conservation (NYSDEC) and Oneida County executed an Order on Consent that required the County to eliminate sanitary sewer overflows (SSOs) from its Sauquoit Creek Pump Station by October 31, 2014.
The Consent Order settled an enforcement action that had been brought by NYSDEC against the County. Had the County failed to agree to that Consent Order, it would have been liable for a penalty of up to $37,500 per violation, per day plus, injunctive relief. By agreeing to the terms, it would instead pay a civil penalty of $150,000 and complete required repairs and remediation according to a specific schedule and timetable mandated by the state.
The execution of the Consent Order was the culmination of six months of settlement negotiations with the NYSDEC. Although the County believed it had meritorious defenses to the NYSDEC action, it chose to settle the matter expeditiously in order to provide a long-term solution for wet weather discharges into the river, and to provide an immediate mechanism to allow development to continue throughout the Sauquoit Creek Pumping Station service area while these remediation projects were underway.