EPA v. FORREST DYESS DAIRY

Case summary

1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. FORREST DYESS DAIRY ROUTE 1, BOX 302 JACKSONVILLE, CHEROKEE COUNTY, TEXAS 75766 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA AND PART III.B. OF ITS PERMIT BY LACKING A COMPLETED AND IMPLEMENTED POLLUTION PREVENTION PLAN FOR ITS CONCENTRAT- ED ANIMAL FEEDING OPERATION (CAFO). 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A)(3) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RE- SPONDENT TO TAKE WHATEVER CORRECTIVE ACTION NECESSARY TO ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATION AND A REPORT DETAILLING THE ACTIONS TAKEN AND HOW IT WILL PRE- VENT RECURRENCES, IF NOT POSSIBLE WITHIN 30 DAYS TO COR- RECT VIOLATION, SUBMIT A PLAN AND SCHEDULE TO DO SO WITH- IN THE SHORTEST TIME POSSIBLE, APPEAR AT EPA OFFICE AND SHOW CAUSE WHY THE PERMITEE HAS NOT COMPLY WITH SECTION 301 OF THE CWA AND NO FURTHER ACTION BY EPA SHOULD BE TAKEN, AND ARRANGE A MEETING WITH EPA WITHIN 45 DAYS WITH SUBMITTAL OF ALL RELEVANT MATERIALS 10 DAYS PRIOR TO THE MEETING.

Defendants (1)

• FORREST DYESS DAIRYNamed in complaintNamed in settlement

Facilities (1)

• FORREST DYESS DAIRY

  RT 1, BOX 302, JACKSONVILLE, TX, 75766

  Registry ID: 110010622601

Statutes cited

• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• FORREST DYESS DAIRYentered 1996-08-16

  Primary law: CWA

Timeline (5 milestones)

• 1996-08-16Complaint Filed/Proposed Order
• 1996-08-16Final Order Issued
• 1996-09-10Enforcement Action Data Entered
• 1997-01-15Compliance Achieved
• 1997-01-15Enforcement Action Closed