EPA v. BEAUMONT, CITY OF

Case summary

DATA SHEET: * DEFENDANT: THE CITY OF BEAUMONT OWNS AND OPERATES A WASTEWATER TREAT- MENT FACILITY, LOCATED IN JEFFERSON COUNTY, TX. THE MAILING ADDRESS FOR THE CITY IS P.O. BOX 3827, BEAUMONT, TX 78711. * VIOLATIONS: VIOLATION OF SECTION 301, OF THE ACT, 33 USC 1311, WHICH PROHIBITS THE DISCHARGE OF POLLUTANTS INTO WATERS OF THE US BY ANY PERSON, EXCEPT THOSE DISCHARGES AUTHORIZED BY, AND IN ACCORDANCE WITH, A NPDES PERMIT ISSUED PURSUANT TO SECTION 402 OF THE ACT, 33 USC 1342. * PROPOSED RELIEF: SETTLEMENT IN THE FORM OF A CONSENT DECREE. APPROPRIATE INJUNCTIVE RELIEF AND CIVIL PENALTY IN THE AMOUNT OF $125,000. * ADDITIONAL FACTORS: STATE OF TEXAS HAS NOT BEEN AUTHORIZED TO ISSUE NPDES PERMITS. * * CASE SYNOPSIS: THE CITY OF BEAUMONT OWNS AND OPERATES A WASTEWATER TREAT- MENT FACILITY, LOCATED IN JEFFERSON COUNTY, TX. THE CITY SERVES A POPULATION OF APPROX 118,000. EXPANSIONS AND MODI- FICATIONS TO THE PLANT DURING MID-1981 WERE FEDERALLY FUNDED UNDER THE CWA. * THE TREATMENT FACILITY HAS AN AVERAGE DAILY DESIGN FLOW OF 30 MGD AND CONSISTS OF A SECONDARY TREATMENT PROCESS EMPLOYING HIGH RATE TRICKLING FILTRATION FOLLOWED BY SECON- DARY CLARIFICATION AND POLISHING PONDS. IT DISCHARGES INTO THE JEFFERSON COUNTY DRAINAGE DITCH NO. 11; THENCE INTO HILLEBRANDT BAYOU; THENCE INTO TAYLOR BAYOU IN SEGMENT NO. 0701 OF THE NECHES - TRINITY COASTAL BASIN. * THE CITY WAS ISSUED A NPDES PERMIT NO. TX0046990 ON JULY 29, 1974. THIS PERMIT EXPIRED ON JULY 1, 1979, AND WAS REISSUED ON MAY 14, 1980. SUBSEQUENTLY, NPDES PERMIT NO. TX0046990 WAS MODIFIED AND REISSUED ON DEC 23, 1983. * THE PERMIT REQUIRES THE PERMITTEE TO OPERATE AN INDUSTRIAL PRETREATMENT PROGRAM IN ACCORDANCE WITH SECTION 402(B)(8) OF THE CWA AND THE GENERAL PRETREAMENNT REGULATIONS (40 CFR PART 403). THE PROGRAM IS TO BE IMPLEMENTED IN ACCORDANCE WITH THE PRETREATMENT PROGRAM SUBMITTED BY THE PERMITTEE WHICH WAS APPROVED AND INCORPORATED INTO THE PERMIT WHICH BECAME EFFECTIVE ON DEC 24, 1983. * DESPITE REPEATED ADMIN. ENFORCEMENT ACTIONS DURING THE PAST TWO YEARS, THE CITY HAS FAILED TO IMPLEMENT THE PRETREAT- MENT REQUIREMENTS OF ITS NPDES PERMIT. EPA HAS BEEN UNSUC- CESSFUL THROUGH INSPECTIONS, LETTERS, TELEPHONE CALLS, TWO MEETING, AND AN AO TO GET THE CITY TO FULLY IMPLEMENT ITS PRETREATEMENT PROGRAM. * THE CITY HAS APPROX 268 IUS WHICH INCLUDES 42 MAJOR IUS. OF THE MAJOR IUS, THREE FACILITIES ARE SUBJECT TO THE NATIONAL CATEGORICAL PRETREATMENT STANDARDS. * THE LITIGATION REPORT RECOMMENDS A CIVIL ACTION BE COMMENCED AGAINST THE CITY OF BEAUMONT, TX FO

Defendants (1)

• BEAUMONT, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• C OF BEAUMONT WASTEWATER TREAT

  1M S E OF INTERSECTION OF HILL, BEAUMONT, TX, 77704

  Registry ID: 110010773680

Statutes cited

• CWA 402 — Clean Water Act
• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BEAUMONT, CITY OFentered 1992-02-19

  Primary law: CWA

  Federal penalty: $400,000

Timeline (10 milestones)

• 1987-09-28Enforcement Action Data Entered
• 1987-09-28Referred To Headquarters
• 1987-11-04Referred To Dept Of Justice
• 1989-04-14Returned To Region
• 1989-09-27Rereferred
• 1989-10-03Complaint Filed With Court
• 1992-02-19Final Order Lodged
• 1992-02-19Final Order Entered
• 1992-02-19Concluded
• 1993-06-17Enforcement Action Closed