EPA v. FORT WORTH, CITY OF

Case summary

THE CITY OF FORT WORTH (HEREINAFTER THE RESPONDENT ), A PERSON WITHIN THE MEANING OF SECTION 502(5) OF THE ACT, 33 U.S.C. SEC. 1365(5), OWNS OR OPERATES A FACILITY LOCATED AT 4500 WILMA LANE, ARLINGTON, TEXAS, WHICH DISCHARGES POLLUT- ANTS TO SEGMENT NO. 0841 OF THE TRINITY RIVER BASIN, A NAV- IGABLE WATER OF THE U.S. WITHIN THE MEANING OF SECTION 502 OF THE ACT, 33 U.S.C. SEC. 1362. RESPONDENT IS, THEREFORE, SUBJECT TO THE PROVISIONS OF THE ACT, 33 U.S.C. SEC. 1251 ET SEQ. THE RESPONDENT HAS VIOLATED SECTION 301(A) OF THE ACT, 33 U.S.C. SEC. 1311(A), BY VIOLATING CONDITION PART II.A. OF NPDES PERMIT NO. TX0047295, WHICH CONDITION IMPLEMENTS SEC- TIONS 301(B)(2) AND 307(C) OF THE ACT, 33 U.S.C. SEC. 1311 (B)(2) AND 1317(C) AND WHICH PERMIT HAS BEEN ISSUED TO THE RESPONDENT PURSUANT TO SECTION 402 OF THE ACT, BY FAILING TO IMPLEMENT ITS PRETREATMENT PROGRAM IN ACCORDANCE WITH RE- QUIREMENTS OF 40 C.F.R. 403, THE PROGRAM SUBMITTED TO AND APPROVED BY EPA AND PART II.A OF THE PERMIT BETWEEN AUG. 1989 AND FEB. 19993. BASED ON THE FINDINGS OF VIOLATION, EPA REGION 6 PROPOSED TO ISSUED A PENALTY OF $125,000. RESPONDENT MAY RESPOND WITHIN 20 DAYS OF RECEIPT OF NOTICE. PERMIT NO. TX0047295.

Defendants (1)

• FORT WORTH, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• VILLAGE CREEK WASTEWATER TREATMENT PLANT

  4500 WILMA LANE, ARLINGTON, TX, 76012

  Registry ID: 110000503303

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• FORT WORTH, CITY OFentered 1994-09-02

  Primary law: CWA

  Federal penalty: $40,000

Timeline (5 milestones)

• 1993-08-13Complaint Filed/Proposed Order
• 1994-01-21Enforcement Action Data Entered
• 1994-09-02Final Order Issued
• 1994-10-15Compliance Achieved
• 1994-10-15Enforcement Action Closed