EPA eliminated the requirement that an owner or operator of a concentrated animal feeding operation apply for an NPDES permit before proposing to discharge.

United States v. Fairhaven Shipyard Companies, Inc., No. 12-CV-11191-MBB (D. Mass. July 2, 2012). A settling CWA defendant responsible for violations of discharge and pollution prevention regulations at its two facilities in Fairhaven, Massachusetts, must pay a $175,000 civil penalty and must undertake measures to achieve compliance with those regulations.

United States v. City of Chattanooga, No. 1:12-cv-00245 (E.D. Tenn. July 17, 2012). A settling CWA defendant that discharged a pollutant into waters of the United States without a permit must pay a $476,400 civil penalty to the United States and Tennessee, must perform a stream restoration supplemental environmental project at a cost of $800,000, and must perform comprehensive injunctive measures on its sewer collection system.

EPA withdrew its proposal to collect certain information about concentrated animal feeding operations (CAFOs) by rule; instead, the Agency will collect CAFO information using existing sources of information, including state NPDES programs, other regulations, and other programs at the federal, state, and local level.

United States v. City of Portsmouth, No. 09-CV-283-PB (D.N.H. July 2, 2012). Under a proposed modification to a consent decree, a settling CWA defendant responsible for discharges from combined sewer overflow outfalls has until October 2014 to complete the sewer projects and until March 2017 to complete construction of secondary treatment facilities.

United States v. Puerto Rico Aqueduct and Sewer Authority, No. 3:10-1365 (SEC) (D.P.R. June 29, 2012). In a proposed modification of a consent decree, a settling CWA defendant responsible for violations at 126 water treatment plants throughout Puerto Rico over a 15-year period must complete 232 mid-term remedial projects by June 30, 2013, and must comply with increased reporting and meeting requirements on the progress of the remedial measures.

EPA extended the effective date of Florida's inland waters rule to January 6, 2013.

United States v. Russell Stover Candies, Inc., No. 5:12-cv-04081 (D. Kan. June 21, 2012). A settling CWA defendant that violated the statute's pretreatment requirements must pay a $585,000 civil penalty and perform injunctive relief by monitoring and sampling wastewater discharge.

United States v. City of Perth Amboy, No. 2:12-cv-03404 (D.N.J. June 6, 2012). A settling CWA defendant that did not properly operate and maintain its combined sewer system must pay a $17,000 penalty and must implement injunctive relief valued at approximately $5.4 million.

United States v. Enterprise Products Operating and Mid-America Pipeline Co., No. 12-190 (D. Neb. May 29, 2012). Settling CWA defendants responsible for discharges of natural gasoline from a pipeline in Iowa, Kansas, and Nebraska must pay a $1,042,000 civil penalty and must undertake specified measures to improve reporting of spills and to prevent pipeline ruptures caused by third parties.