District Judge Vincent L. Briccetti

 

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By means of the Kensico-Bronx Pipeline, Westchester County Water District No. 1 (District) distributes unfiltered surface water to various municipalities in Westchester County. The Safe Drinking Water Act (SDWA) requires public water systems take steps to protect public water supply from contamination. The U.S. Environmental Protection Agency’s (EPA) 2006 enactment of the Long Term 2 Enhanced Surface Water Treatment Rule (LT2) required public water systems using unfiltered surface water-sources to implement water treatment protocols to prevent contamination by the microbial pathogen Cryptosporidium. Litigation in 2013 by the EPA over Westchester’s noncompliance with LT2 led to a 2015 consent decree requiring, among other things, the county’s construction of two local ultra-violet treatment facilities by March 2018. Under the “diligent prosecution bar,” set forth in 42 USC §300j-8(b)(1)(B), District Court dismissed, for lack of standing, Levin’s putative class suit alleging the county and District’s violation of the SDWA. Through the 2013 EPA Action and 2015 consent decree, the government was already diligently prosecuting an action against defendants to require compliance under the SDWA and LT2.

District Judge Vincent L. Briccetti

 

Read Full-Text Decision

By means of the Kensico-Bronx Pipeline, Westchester County Water District No. 1 (District) distributes unfiltered surface water to various municipalities in Westchester County. The Safe Drinking Water Act (SDWA) requires public water systems take steps to protect public water supply from contamination. The U.S. Environmental Protection Agency’s (EPA) 2006 enactment of the Long Term 2 Enhanced Surface Water Treatment Rule (LT2) required public water systems using unfiltered surface water-sources to implement water treatment protocols to prevent contamination by the microbial pathogen Cryptosporidium. Litigation in 2013 by the EPA over Westchester’s noncompliance with LT2 led to a 2015 consent decree requiring, among other things, the county’s construction of two local ultra-violet treatment facilities by March 2018. Under the “diligent prosecution bar,” set forth in 42 USC §300j-8(b)(1)(B), District Court dismissed, for lack of standing, Levin’s putative class suit alleging the county and District’s violation of the SDWA. Through the 2013 EPA Action and 2015 consent decree, the government was already diligently prosecuting an action against defendants to require compliance under the SDWA and LT2.