New York DEC sues Buffalo Sewer Authority over permit and CSO violations

The New York State Department of Environmental Conservation (DEC) has filed a lawsuit against the Buffalo Sewer Authority (BSA), alleging repeated violations of its State Pollutant Discharge Elimination System (SPDES) permit at the Bird Island Wastewater Treatment Facility and throughout its combined sewer system.

According to the complaint, BSA failed to meet multiple deadlines under its 2014 long-term control plan to reduce combined sewer overflows (CSOs) and also committed effluent limit, bypass and reporting violations in 2024. The filing notes that the utility’s 52 CSO outfalls discharge nearly 3 billion gallons of untreated sewage and stormwater annually into the Niagara River and other area waterways.

DEC is seeking civil penalties of up to $37,500 per day for the alleged violations, along with a court order requiring BSA to implement an amended control plan with updated schedules to reduce CSO discharges and bring the system back into compliance.