EPA v. CAPE CORAL, FL, CITY OF

Case summary

9/28/2011 - ADMINISTRATIVE ORDER. ORDER ALLEGES: BASED ON RECORDS MAINTAINED BY THE EPA, REGION 4, RESPONDENT HAS FAILED TO SUBMIT THE REQUIRED INFORMATION IN THE TIMEFRAME REQUIRED BY THE EPA'S SECTION 308 INFORMATION REQUEST LETTER, WHICH WAS LAWFULLY ISSUED UNDER THE AUTHORITY OF SECTION 308(a) OF THE CWA. THEREFORE, THE EPA, REGION 4, HAS DETERMINED THAT RESPONDENT HAS VIOLATED SECTION 308(a) OF THE CWA. ORDER REQUIRES: AS PROVIDED BY SECTION 309(a)(4) OF THE CWA, 33, U.S.C. SECTION 1319(a)(4), PRIOR TO COMPLYING WITH THIS ORDER, RESPONDENT SHALL HAVE THE OPPORTUNITY, FOR A PERIOD OF TWENTY-ONE (21) DAYS FROM RECEIPT OF THIS ORDR, TO CONFER WTH EPA, REGION 4. THIS ORDER SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE EXPIRATION OF SAID FOR CONSULTATION, UNLESS A CONFERENCE IS HELD PURSUANT TO THIS PARAGRAPH AND, BASED ON SUCH CONFERENCE, THE EPA, REGION 4, NOTIFIES RESPONDENT IN WRITING THAT RECONSIDERATION OF THIS ORDER IS WARRANTED. ONCE THIS ORDER BECOMES EFFECTIVE, RESPONDENT SHALL HAVE FORTY-FIVE (45) DAYS AFTER THE EFFECTIVE DATE TO CONDUCT THE DMR-QA SUTDY AND/OR SUBMIT THE REPORT TO THE EPA.

Defendants (1)

• CAPE CORAL, FL, CITY OFNamed in settlement

Facilities (1)

• EVEREST PARKWAY WRF

  1740 EVEREST PARKWAY, CAPE CORAL, FL, 33904-3285

  Registry ID: 110000916064

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CAPE CORAL, FL, CITY OFentered 2011-09-28

  Primary law: CWA

Timeline (4 milestones)

• 2011-09-28Final Order Issued
• 2011-10-01Enforcement Action Data Entered
• 2011-12-05Enforcement Action Closed
• 2011-12-05NPDES Closed