374 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, DC. 20460 ?x at mo?'p 406242001 OFFICE OF CIVIL RIGHTS RETURN RECEIPT REQUESTED In Re Refer to: Certi?ed Mail #2 480 246 379 -R2 Honorable Roy A. Bemardi Mayor, City of Syracuse 203 City Hall Syracuse, NY 13202 Re: REJECTION OF ADMINISTRATIVE COMPLAINT Dear Mayor Bemardi: This letter concerns the administrative complaint ?led by. on December 22, 2000, with the US. Department of Justice (DOJ). The DOJ referred the complaint to the US. Environmental Protection Agency (EPA) O?ce of Civil Rights (OCR) on February 5, 2001. The complaint alleges violations of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq. (Title VI) and regulations implementing Title VI found at 40 C.F.R. Part 7 by the City of Syracuse and the County of Onondaga in the of a sewage treatment plant. The purpose of this letter is to inform you that. complaint has been rejected for investigation by EPA. Under Title VI, a recipient of federal ?nancial assistance may not discriminate on the basis of race, color, or national origin. Pursuant to Title VI implementing regulations, OCR conducts a preliminary review of Title VI complaints for acceptance, rejection, or referral. 40 C.F.R A complaint must meet the jurisdictional requirements described in Title VI regulations for investigations. First, it must be in writing. Second, it must describe an alleged discriminatory act that violates Title VI regulations an alleged discriminatory act based on race, color, or natioml origin). Third, it must be ?led within 180 days of the alleged discriminatory act. 40 C.F.R. 7.120. Fourth, because Title VI regulations only apply to applicants and recipients of EPA assistance, the complaint must identify an applicant or recipient of EPA assistance that allegedly committed the discriminatory act. 40 C.F.R. 7.15. - complaint meets only three of the four jurisdictional requirements in 40 CPR Part 7. First, the complaint is in writing. Second, the complaint alleges that the construction of a sewage treatment plant has a discriminatory effect against minorities living in the City of Syracuse in violation of Part 7. Third, the City of Syracuse and the County of Onondaga Internet (URL) 0 Recycled/Recyclable 0 Printed Vegetable OI Based Inks on Recycled Paper (Minimum 20% Postconsumer) construction of a sewage treatment plant has a discriminatory effect against minorities living in the City of Syracuse in violation of Part 7. Third, the City of Syracuse and the County of Onondaga were recipients of EPA ?nancial assistance at the time of the alleged discriminatory act- The element missing item the complaint is'the timeliness requirement. In determining whether the complaint was timely, EPA looked at several milestones that led to the construction of the sewage treatment plant. Even if we used the last of these milestones (is. commencement of construction), the complaint would not be timely because 221 days went by ?-om the ?rst day of construction, May 1, 2000, and the day on which the complaint was ?led with DUI, December 22, 2000. EPA considers a complaint ?led on the date it is received by EPA or by another federal agency. Since this complaint was not ?led within 180 days of the alleged discriminatory act, it must be rejected for investigation. If you have any questions, picase contact Eva Hahn by phone at (202) 5648186, by e- mail at halm.eva@epa.gov, or by mail to the US. EPA (Mail Code 2201A), 1200 Avenue, N.W., Washington. DC. 20460. Sincerely, on Higgin Acting Direc cc: Nicholas J. Pirro, County Executive 421 Montgomery Street, 14?? Floor O?ice of County Executive Syracuse, NY 13202 The Honorable Charles E. Schumer United States Senator 757 Third Avenue, Room 17-02 New York, NY 10017 Merrily A. Friedlander, Chief Coordination and Review Section Civil Rights Division U.S. Department of Justice P.O, Box 66560 Washington, DC 20035 Robert Fabricant, General Counsel O?ice of General Counsel (MC 2310A) Rafael DeLeon, Associate General Counsel Civil Rights Law Of?ce Of?ce of General Counsel (MC 2399A) Sylvia Lowrance, Acting Assistant Administrator O?ice of Enforcement and Compliance Assurance (MC 2201A) Barry Hill, Director O?iee of Environmental Justice (MC 2201A) Of?ce of Enforcement and Compliance Assurance William Acting Regional Administrator EPA Region 2 Melva Hayden, Title VI Coordinator EPA Region 2 Gail Ginsberg, Chair Title VI Task Force (MC2201A)