EPA v. TEXAS MUNICIPAL POWER AGENCY

Case summary

THE TEXAS MUNICIPAL POWER AUTHORITY ( TMPA ) WAS CREATED BY THE TEXAS LEGISLATURE. TMPA PROVIDES ELECTRIC POWER TO THE TEXAS CITIES OF GARLAND, DENTON, GREENVILLE AND BRYAN. IT OWNS AND OPERATES A STEAM ELECTRIC POWER PLANT (GIBBONS CREEK STEAM ELECTRIC STATION GCSES ) IN GRIMES COUNTY, TX. GCSES OPERATES UNDER NPDES PERMIT NO. TX0074438 WHICH WAS ISSUED IN JANUARY OF 1979 BY EPA AND WAS REISSUED IN APRIL 1984. ONE OUTFALL AT THE PLANT (301) HAS VIOLATED LIMITS ESTABLISHED FOR BOD, TSS ON A CONSISTENT BASIS SINCE NOVEMBER, 1982. THAT OUTFALL IS THE SANITARY SEWAGE OUTFALL AND ACCOMODATES A 6,000 GALLON PER DAY PACKAGE SEWAGE TREAT- MENT PLANT. IN ADDITION, LIMITS FOR PH MINIMUM WERE VIOLA- TED IN NOVEMBER AND DECEMBER 1982, AND JANUARY, MARCH AND APRIL 1983. TMPA IS CURRENTLY MODIFYING THE FACILITY, AND STATES THAT IT WILL BE IN COMPLIANCE BY MARCH OF 1985. DUE TO THE PAST HISTORY OF THE AUTHORITY, THE REGION HAS LEGITIMATE REASONS TO DOUBT THIS ASSERTION. ON MAY 18, 1983, THE REGION ISSUED AN ADMINISTRATIVE ORDER TO TMPA WHICH REQUIRED THEM TO SUBMIT A CRITICAL PATH SCHEDULE FOR COMPLIANCE. THE SCHEDULE WAS SUBMITTED AND INDICATED THAT COMPLIANCE WOULD BE REACHED BY JANUARY 15, 1984. IT WAS NOT. THE PROBLEMS WITH THE PLANT STEM FROM DESIGN DEFICIENCIES, NON-OPERATIONAL PORTIONS OF THE SEWAGE TREAT- MENT SYSTEM AND INCORRECTLY ROUTED DRAIN SYSTEMS. TMPA HAS INFORMED THE REGION THAT THE PROBLEMS WILL BE CORRECTED. THE CURRENT MODIFICATIONS ARE INTENDED TO IMPROVE OR PROVIDE REDUCTION OF SIZE AND SCREENING OF SEWAGE SOLIDS, DIVERSION OF THE FLOW BETWEEN TWO TREATMENT MODULES, EXTENDED AERATION FOR A PERIOD NOT TO EXCEED 24 HOURS, FINAL CLARIFICATION OF TREATED SEWAGE, CHLORINATION OF THE SEWAGE TREATMENT EFFLU- ENT, SLUDGE DIGESTION AND STORAGE AND TREATMENT CAPACITY OF 16,000 GALLONS PER DAY OF 250 MG/L, 5 DAY BOD SEWAGE.

Defendants (1)

• TEXAS MUNICIPAL POWER AUTHORITYNamed in complaintNamed in settlement

Facilities (2)

• TEXAS MUN POWER AGENCY GIBBONS CREEK STM

  FM 244 2.5M N OF H30, CARLOS, TX, 77830

  Registry ID: 110008138078

• TEXAS MUN POWER AGENCY GIBBONS CREEK STM

  FM 244 2.5M N OF H30, CARLOS, TX, 77830

  Registry ID: 110008138078

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• TEXAS MUNICIPAL POWER AGENCYentered 1987-08-21

  Primary law: CWA

  Federal penalty: $26,000

Timeline (9 milestones)

• 1984-07-26Enforcement Action Data Entered
• 1984-09-26Referred To Headquarters
• 1984-10-12Referred To Dept Of Justice
• 1984-10-30Referred TO U.S. Attorney
• 1984-11-16Complaint Filed With Court
• 1987-08-21Concluded
• 1987-08-21Enforcement Action Closed
• 1987-08-21Final Order Lodged
• 1987-08-21Final Order Entered