EPA v. SEABROOK, CITY OF

Case summary

DATA SHEET: * VIOLATIONS: THE CITY OF SEABROOK, TX, HAS BEEN IN SERIOUS VIOLATION OF ITS NPDES PERMIT FOR OVER THREE YEARS. IN ADDITION, IT HAS FAILED TO COMPLY WITH THE TERMS OF AOS ISSUED BY REGION VI. * PROPOSED RELIEF: REGION VI PROPOSES A PENALTY OF $30,000 PLUS INJUNCTIVE RELIEF AS ADDRESSED IN THE LITIGATION REPORT. * RECENT CONTACT W/DEFENDANT: AN AO WAS ISSUED ON AUG 30, 1985. WHEN THE CITY OF SEA- BROOK FAILED TO COMPLY WITH THE ORDER, A SHOW CAUSE MEETING WAS HELD ON DEC 4, 1985. * * CASE SYNOPSIS: THE CITY OF SEABROOK, TX, OWNS AND OPERATES A WASTEWATER TREATMENT FACILITY THAT TREATS AND DISCHARGES MUNICIPAL WASTE INTO PINE GULLY, THENCE TO GALVESTON BAY IN SEGMENT NO. 2421 OF THE TRINITY-SAN JACINTO ESTUARY. FOR OVER THREE YEARS, THE CITY HAS BEEN IN SERIOUS VIOLATION OF ITS NPDES PERMIT REQUIREMENTS. THE VIOLATIONS ARE DUE PRIMARILY TO EXCESSIVE HYDRAULIC LOADING ON THE EXISTING FACILITIES AND THE CITY'S INABILITY TO EFFICIENTLY OPERATE THE PLANT. * THE CITY WAS FULLY AWARE OF THE EXISTENCE OF THE AO ISSUED TO IT ON JUNE 29, 1984, NOV 21, 1984, AUGUST 30, 1985, AND HAS FAILED TO COMPLY. THE CITY WAS ALSO AWARE OF ITS NEED FOR ADDITIONAL SEWER CAPACITY AS EARLY AS 1979, AS DEMON- STRATED BY ITS INVOLVEMENT IN THE USEPA CONSTRUCTION GRANTS PROGRAM. AT THAT TIME, BAYSHORE ENGINEERING, INC. RECOM- MENDED THE CONSTRUCTION OF A NEW FACILITY, AND A NEW SITE WAS OBTAINED. SUBSEQUENT TO THE WORK, STIVER ENGINEERING, INC. WAS RETAINED TO COMPLETE THE PLANNING AND DESIGN FOR THE FACILITY. EVEN THOUGH THE CITY HAS BEEN AWARE OF ITS NEED TO CONSTRUCT ADDITIONAL TREATMENT FACILITIES, IT HAS FAILED TO INITIATE CONSTRUCTION UNTIL APRIL 1986. HAD THE CITY COMPLIED WITH THE REQUIREMENTS OF THE AOS, THE NECES- SARY CONSTRUCTION WOULD HAVE BEEN COMPLETED BY FEB 1986. INSTEAD, THE CITY'S LACK OF ACTION HAS CAUSED NUMEROUS TIME DELAYS IN INITIATING CONSTRUCTION WHICH, IN EFFECT, PROLONGS THE PERSISTENT NONCOMPLIANCE. * SEABROOK HAS, THEREFORE, VIOLATED SECTION 301 OF THE CWA, 33 USC 1311, IN THAT IT HAS NOT COMPLIED WITH THE TERMS OF ITS NPDES PERMIT, ISSUED PURSUANT TO SECTION 402 OF THE CWA, 33 USC 1342. IT HAS ALSO VIOLATED SECTION 309, 33 USC 1319, BY ITS FAILURE TO COMPLY WITH AN AO.

Defendants (1)

• SEABROOK, CITYNamed in complaintNamed in settlement

Facilities (1)

• SEABROOK CITY OF

  UNKNOWN, SEABROOK, TX, 77586

  Registry ID: 110010773181

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• SEABROOK, CITY OFentered 1988-07-01

  Primary law: CWA

  Federal penalty: $35,000

Timeline (8 milestones)

• 1986-07-18Enforcement Action Data Entered
• 1986-08-15Referred To Headquarters
• 1986-09-19Referred To Dept Of Justice
• 1987-03-06Complaint Filed With Court
• 1988-07-01Concluded
• 1988-07-01Enforcement Action Closed
• 1988-07-01Final Order Lodged
• 1988-07-01Final Order Entered