EPA v. FREEPORT, CITY OF

Case summary

NATURE OF THE CASE THE CITY OF FREEPORT OWNS AND OPERATES TWO SEWAGE TREATMENT PLANTS - A SMALL PACKAGE TREATMENT PLANT KNOWN AS THE SLAUGHTER ROAD PLANT AND ITS MAIN SEWAGE TREATMENT PLANT LOCATED IN BRAZORIA COUNTY, TEXAS. BOTH PLANTS ARE SUBJECT TO THE REQUIREMENTS OF SECTIONS 301 AND 402 OF THE CLEAN WATER ACT. THIS SUIT IS FOR VIOLATIONS OCCURING AT THE MAIN SEWAGE TREATMENT PLANT AND IS REQUESTED PURSUANT TO SECTION 309(B) OF THE CLEAN WATER ACT. CAUSE OF THE ACTION THE CITY OF FREEPORT IS RESPONSIBLE FOR FREQUENT AND PERSISTENT VIOLATIONS OF ITS NPDES PERMIT. SINCE SEPTEMBER, 1979 THE CITY HAS CONSISTENTLY VIOLATED ITS FINAL EFFLUENT LIMITATIONS FOR BOD AND TSS. THE CITY HAS FREQUENTLY BY- PASSED PORTIONS OF ITS TREATMENT FACILITY AND FAILED TO SUB- MIT REPORTS OF THESE BYPASSES. IN ADDITION, THE CITY HAS FAILED TO COMPLY WITH ITS PERMIT CONDITION REQUIRING THE SUBMISSION OF NONCOMPLIANCE REPORTS. TWO ADMINISTRATIVE ORDERS HAVE BEEN ISSUED; THE LAST ORDER WAS ISSUED ON AUGUST 18, 1982 AND REQUIRED THE CITY TO CORRECT ITS OPERA- TIONAL PROBLEMS BY OCTOBER 1, 1982 AND ACHIEVE COMPLIANCE WITH ITS FINAL EFFLUENT LIMITATIONS BY JANUARY 1, 1983. SINCE THE ISSUANCE OF THE LAST ORDER, THE VIOLATIONS OF THE FINAL EFFLUENT LIMITATIONS HAVE CONTINUED, AND IN MOST IN- STANCES, ARE SIGNIFICANTLY HIGHER THAN THE PERMIT LIMITA- TIONS. BECAUSE THE CITY FAILED TO COMPLY WITH THE ADMINI- STRATIVE ORDER, A DIAGNOSTIC INSPECTION OF THE MAIN SEWAGE TREATMENT PLANT WAS CONDUCTED IN JANUARY, 1983. THE IN- SPECTION REVEALED THAT POOR OPERATION AND MAINTENANCE IS THE PRIMARY CAUSE OF THE PERSISTENT AND FREQUENT PERMIT VIOLATIONS.

Defendants (2)

• FREEPORT, TEXAS CITY OFNamed in complaintNamed in settlement
• TEXAS, STATE OFNamed in complaintNamed in settlement

Facilities (1)

• FREEPORT CITY OF

  128 E 4TH ST, FREEPORT, TX, 77541

  Registry ID: 110010699930

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• FREEPORT, CITY OFentered 1986-02-10

  Primary law: CWA

  Federal penalty: $27,000

Timeline (8 milestones)

• 1983-09-30Referred To Headquarters
• 1983-11-15Referred To Dept Of Justice
• 1984-02-08Referred TO U.S. Attorney
• 1985-02-14Complaint Filed With Court
• 1986-02-10Final Order Lodged
• 1986-02-10Final Order Entered
• 1986-02-10Concluded
• 1986-02-10Enforcement Action Closed