EPA v. HARLINGEN, CITY OF

Case summary

THE CITY OF HARLINGEN, TX. ( RESPONDENT ), OWNS AND OPERATES A FACILITY LOCATED NEAR 15TH STREET AND COMMERCE STREET, WHICH DISCHARGES POLLUTANTS TO ARROYO COLORADO IN SEGMENT NO.2202 OF THE NUECES-RIO GRANDE COASTAL BASIN. ON JULY 15, 1993, EPA REGION 6 ISSUED TO RESPONDENT AN AD- MINISTRATIVE COMPLAINT , DOCKET NO. TX0047929, WHICH INCLUDE FORMAL FINDINGS OF VIOLATION, NOTICE OF A PROPOESD ASSESS- MENT OF A CIVIL PENALTY, AND NOTICE OF RESPONDENT'S OPPOR- TUNITY TO REQUEST A HEARING. ON JUL. 15, 1993, THE STATE OF TEXAS WAS GIVEN AN OPPORTUN- ITY TO CONSULT WITH EPA REGARDING THE ASSESSMENT OF AN AD- MINISTRATIVE PENALTY AGAINST THE RESPONDENT. THE RESPONDENT VIOLATED PART I.A OF NPDESPERMIT NO. TX0047929, WHICH CONDITIONS IMPLEMENTS SECTION 301(A) OF THE ACT, 33 U.S.C. SEC. 1311(A), AND WHICH PERMIT HAD BEEN IS- SUED TO RESPONDENT PURSUANT TO SECTION 402 OF THE ACT, 33 U.S.C. SEC. 1342, BY DISCHARGING POLLUTANTS IN EXCESS OF THE PERMIT LEVELS FROM JUL. 1991 THROUGH MAR. 1993. THE PROPOSED CIVIL PENALTY IS $125,000.

Defendants (1)

• HARLINGEN, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• HARLINGEN CITY OF STP 0001

  1102 COMMERCE ST, HARLINGEN, TX, 78550

  Registry ID: 110008167946

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• HARLINGEN, CITY OFentered 1994-06-22

  Primary law: CWA

  Federal penalty: $90,000

Timeline (5 milestones)

• 1993-07-15Complaint Filed/Proposed Order
• 1994-06-22Final Order Issued
• 1994-06-28Enforcement Action Data Entered
• 1994-07-07Enforcement Action Closed
• 1994-07-07Compliance Achieved