EPA v. DONNA, CITY OF

Case summary

DATA SHEET: * DEFENDANTS: CITY OF DONNA, TX OWNS AND OPERATES THE PUBLICLY OWNED TREATMENT PLANT LOCATED AT 921 MILLER AVE., DONNA, TX 78537; THE STATE OF TEXAS; AND TWO INDUSTRIAL USERS, TO WIT TAORMINA CO, WHICH IS A VEGETABLE CANNING CO LOCATED AT 224 S. 13TH ST, DONNA, TX 78537; AND KNAPP-SHERRILL CO, WHICH IS ALSO A VEGETABLE AND CITRUS JUICE CANNING CO LOCATED AT 307 S. 12TH ST., DONNA, TX 78537. * VIOLATIONS: THE CITY OF DONNA HAS VIOLATED THE EFFLUENT LIMITS OF ITS NPDES PERMIT SINCE 1983, AND HAS VIOLATED THE INTERIM EFFLU- ENT LIMITS AS ESTABLISHED BY AO NO. VI-86-1234, SINCE JAN 1986. THE EFFLUENT VIOLATIONS CAN BE ATTRIBUTED TO THE INDUSTRIAL DISCHARGES FROM TAORMINA AND KNAPP-SHERRILL COM- PANIES AND POOR OPERATION AND MAINTENANCE OF THE CITY'S WASTEWATER TREATMENT PLANT. * PROPOSED RELIEF: SETTLEMENT IN THE FORM OF A CONSENT DECREE, WHICH SHOULD ENCOMPASS A CIVIL PENALTY AND REMEDIAL RELIEF TO INCLUDE CONSTRUCTION PLANS AND SCHEDULES FOR INDUSTRIAL PRETREATMENT FACILITIES, ANY NEEDED EXPANSION OF THE POTW AND MAINTEN- ANCE IMPROVEMENTS OF THE POTW. * RECENT CONTACT WITH DEFENDANTS: MOST RECENT MEETING WITH REPS OF THE CITY, TAORMINA AND KNAPP-SHERRILL WAS HELD ON MAY 19, 1987, SUBSEQUENT TO WHICH THIS ACTION IS BEING RECOMMENDED. A EPA CONTRACTOR ALSO PERFORMED A SAMPLING INSPECTION IN JUNE, 1987, AT THE POTW WITH SAID INSPECTION REVEALING THAT PERMIT VIOLTIONS CON- TINUE. * NATIONAL ISSUES: THE NATIONAL MUNICIPAL POLICY REQUIRES ALL CITIES TO ACHIEVE COMPLIANCE WITH THE ACT NLT JULY 1, 1988. AN EXTENSION MAY ONLY BE GRANTED WHEN PHYSICAL IMPOSSIBILITY PROHIBITS MEETING THE DEADLINE. IN SUCH A CASE THE ONLY LEGALLY SUFFICIENT MEANS OF EXTENDING THE COMPLIANCE DATE IS THROUGH A COURT ORDER. THIS MATTER WARRANTS SUCH AN ACTION. * * SYNOPSIS: THE CITY OF DONNA, TX OWNS AND OPERATES A SEWAGE TREATMENT PLANT (STP) LOCATED IN HIDALGO COUNTY. THE STP IS AN ACTI- VATED SLUDGE PROCESS CONSTRUCTED IN 1980 WITH THE AID OF FEDERAL FUNDS. * THE CITY DISCHARGES INTO AN OPEN DRAINAGE DITCH, WHICH FLOWS INTO THE MAIN FLOODWAY OF THE INT'L BOUNDARY AND WATER COM- MISSION; THENCE TO THE ARROYO CO IN SEGMENT 2201 OF THE NUECES-RIO GRANDE COASTAL BASIN. THE CITY OF DONNA HAS A POPULATION OF 11,386 BUT ITS STP SERVES A POPULATION OF APPROX 9,000. THE CITY WAS ISSUED A NPDES PERMIT NO. TX0024660 ON DECEMBER 3, 1982, WITH AN EFFECTIVE DATE OF JAN 13, 1983. THE PERMIT REQUIRED THE CITY TO MEET CERTAIN EFFLUENT LIMITATIONS FOR BOD, 5-DAY AND TSS. SINCE MARCH 1983, THE NPDES PERMIT LIMITS HAVE NOT BEEN MET ON A CONSIS- TENT BASIS. THE PERMIT ALSO REQUIRED THE CITY TO EFFI- CIENTLY OPERATE AND MAINTAIN THE STP AND PROHIBITS 'THE ACCEPTANCE OF HIGH OXYGEN DEMANDING WASTE RELEASED IN A DISCHARGE OF SUCH VOLUME AND STRENGTH AS TO CAUSE INTER- FERENCE IN THE POTW. THE CITY HAS ALLOWED HIGH STRENGTH INDUSTRIAL WASTES FROM THE TAORMINA

Defendants (3)

• DONNA, CITY OFNamed in complaintNamed in settlement
• KNAPP SHERRILL CO.Named in complaintNamed in settlement
• TAORMINA CORP.Named in complaintNamed in settlement

Facilities (1)

• DONNA CITY OF SEWAGE TREATMENT

  921 MILLER AVENUE, DONNA, TX, 78537

  Registry ID: 110010773671

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DONNA, CITY OFentered 1989-12-06

  Primary law: CWA

  Federal penalty: $60,000

Timeline (8 milestones)

• 1987-09-28Enforcement Action Data Entered
• 1987-09-28Referred To Headquarters
• 1987-11-03Referred To Dept Of Justice
• 1988-03-22Complaint Filed With Court
• 1989-12-06Final Order Lodged
• 1989-12-06Final Order Entered
• 1989-12-06Concluded
• 1990-02-10Enforcement Action Closed