EPA v. HITCHCOCK, CITY OF

Case summary

DATA SHEET: * VIOLATIONS: BYPASSES AND EFFLUENT VIOLATIONS: SECTION 301 OF THE CWA 33 USC 1311. * PROPOSED RELIEF: SETTLEMENT IN THE FORM OF A DECREE PROVIDING FOR A MINIMUM PENALTY OF $20,000, A COMPLIANCE SCHEDULE AND STIPULATED PENALTIES. THE REGION REQUESTS AUTHORIZATION TO COMMENCE PRE-FILING SETTLEMENT NEGOTIATIONS. * RECENT CONTACT WITH RESP: MARCH 11, 1988 'SHOW CAUSE' MEETING. * * CASE SYNOPSIS: THE PERMITTEE, CITY OF HITCHCOCK, OWNS AND OPERATES A POTW PLANT IN GALVESTON COUNTY, TX. IT DISCHARGES MUNICIPAL WASTE INTO A DIVERSION CHANNEL, THENCE TO WEST GALVESTON BAY. THE FACILITY HAS BEEN OPERATIONAL SINCE 1980. THE CURRENT PERMIT HAS AN EFFECTIVE DATE OF OCTOBER 25, 1986. * THE CITY HAS A HISTORY OF BYPASSES AND EFFLUENT VIOLATIONS ATTRIBUTABLE TO NFLO AND INFILTRATION PROBLEMS IN THE FACILITY'S COLLECTION SYSTEM. IN ORDER TO REMEDY THESE PROBLEMS, THE CITY IS PROPOSING TO ENLARGE THE PLANT CAPA- CITY, WITH CONSTRUCTION TO BE COMPLETED BY NOV 1990. IN THE MEANTIME, CONTINUED BYPASSING WILL BE NECESSARY, DURING HEAVY RAINFALLS, TO AVOID OVERLOADING AND SLUDGE WASHOUTS AT THE TREATEMENT PLANT.

Defendants (2)

• HITCHCOCK, CITY OFNamed in complaintNamed in settlement
• TEXAS, STATE OFNamed in complaintNamed in settlement

Facilities (1)

• HITCHCOCK CITY OF &STATE OF TX

  ROUTE 7423 HWY 6, HITCHCOCK, TX, 77563

  Registry ID: 110010594570

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• HITCHCOCK, CITY OFentered 1990-05-31

  Primary law: CWA

  Federal penalty: $23,600

Timeline (9 milestones)

• 1988-07-12Enforcement Action Data Entered
• 1988-09-30Referred To Dept Of Justice
• 1989-01-27Returned To Region
• 1990-05-31Final Order Lodged
• 1990-05-31Final Order Entered
• 1990-05-31Complaint Filed With Court
• 1990-05-31Concluded
• 1990-05-31Rereferred
• 1992-03-24Enforcement Action Closed