EPA v. BRAZOS RIVER AUTH (WACO, TEMPLE-BELTON)

Case summary

NATURE OF THE CASE: THE BRAZOS RIVER AUTHORITY (BRA) OWNS AND OPERATES FOUR WASTEWATER TREATMENT FACILITIES IN THE STATE OF TEXAS: WACO #1, WACO #2, TEMPLE-BELTON AND SUGAR- LAND. ALTHOUGH EACH FACILITY OPERATES UNDER A VALID NPDES PERMIT, ONLY THREE PRETREATMENT PROGRAMS ARE REQUIRED FOR THE FACILITIES SINCE WACO #1 AND WACO #2 ARE CONSIDERED ONE PROGRAM. BRA WAS REQUIRED TO SUBMIT THREE APPROVABLE PRETREATMENT PROGRAMS IN ACCORDANCE WITH CONDITIONS CON- TAINED IN EACH RESPECTIVE NPDES PERMIT AT VARIOUS TIMES BETWEEN 1976 AND 1984. BRA HAS FAILED TO COMPLY WITH PRE- VIOUS ENFORCEMENT ACTIONS AND CORRESPONDENCE IMPLORING IT TO SUBMIT THE RESPECTIVE PRETREATMENT PROGRAMS. TO DATE BRA HAS FAILED TO JUSTIFY THE SEVERAL YEARS OF DELAY FOR A PROGRAM WHICH SHOULD HAVE TAKEN NO MORE THAN SIX MONTHS TO DEVELOP. CAUSE OF ACTION: AT LEAST SEVEN MUNICIPALITIES AND OVER 100 INDUSTRIES COLLECTIVELY CONTRIBUTE WASTE TO BRA'S PLANTS. THE EXACT NUMBER OF INDUSTRIES IS UNKNOWN SINCE BRA'S IN- DUSTRIAL USER SURVEYS ARE EITHER INCOMPLETE OR IN NEED OF UPDATING. BRA HAS ALSO EXPERIENCED PERMIT EFFLUENT VIO- LATIONS AT EACH FACILITY WHICH MAY, AT LEAST IN PART, BE ATTRIBUTABLE TO THE QUALITY OF INDUSTRIAL INFLUENT. ADDI- TIONALLY, TWO MAJOR FISH KILLS HAVE BEEN ATTRIBUTED TO THE DISCHARGE FROM THE WACO FACILITIES TO THE BRAZOS RIVER ACCORDING TO STATE AUTHORITIES. AN APPR0VABLE PRETREAT- MENT PROGRAM WOULD ADDRESS THESE PROBLEMS AND ACCURATELY IDENTIFY THE SOURCES. BRA HAS FAILED TO SUBMIT AN APPROVABLE PRETREATMENT PRO- GRAM FOR TEMPLE-BELTON DESPITE THE FACT THAT FEDERAL FUNDS WERE AWARDED FOR THIS SPECIFIC PURPOSE. WACO #1 AND WACO #2 ARE CURRENTLY UNDER A FEDERALLY FUNDED CONSTRUCTION PROJECT. THE WACO #2 FACILITY WILL BE EXPANDED TO 37.8 MGD. AFTER CONSTRUCTION, OPERATION AND MAINTENANCE MAY BE IMPROVED AND THE EFFLUENT VIOLATIONS MAY BE ELIMINATED. HOWEVER, THE ACT STILL REQUIRES THAT BRA SUBMIT AN APPROV- ABLE PRETREATMENT PROGRAM EVEN IF ITS LIMITS ARE MET.

Defendants (1)

• BRAZOS RIVER AUTHORITYNamed in complaintNamed in settlement

Facilities (4)

• SUGAR LAND REGIONAL SEWERAGE SYSTEM

  16450 SOUTHWEST FREEWAY, SUGAR LAND, TX, 77478

  Registry ID: 110000506284

• BRAZOS RIVER AUTH TEMPLE-BELTON REG SW

  FM 436, BELTON, TX, 76513

  Registry ID: 110005077102

• BRAZOS RIVER AUTH WACO METRO RFG SYS 2

  FM 434, WACO, TX, 76701

  Registry ID: 110005077077

• BRAZOS RIVER AUTH WACO METRO REG SYS 1

  NO 1 GURLEY LANE, WACO, TX, 76706

  Registry ID: 110005077139

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• BRAZOS RIVER AUTHORITYentered 1986-09-30

  Primary law: CWA

  Federal penalty: $91,000

Timeline (9 milestones)

• 1985-03-01Enforcement Action Data Entered
• 1985-03-01Referred To Headquarters
• 1985-03-22Referred To Dept Of Justice
• 1985-04-11Referred TO U.S. Attorney
• 1985-04-18Complaint Filed With Court
• 1986-09-30Final Order Lodged
• 1986-09-30Final Order Entered
• 1986-09-30Concluded
• 1986-09-30Enforcement Action Closed