EPA v. SUNBELT FWSD

Case summary

1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. SUNBELT FWSD 730 LITTLE YORK HOUSTON, HARRIS COUNTY, TEXAS 77076 FACILITY: HEATHER GLEN COMPANY 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY VIOLATING PARTS II.B.1., II.C.3., II.C.8., AND II.C.9. OF ITS PERMIT. THE RESPONDENT FAILED TO OPERATE AND MAIN- TAIN THE TREATMENT PLANT BY ALLOWING SEVERE EROSION OF THE INTERNAL WALLS THROUGHOUT THE PLANT, A LARGE AIR LEAK WAS DETECTED IN ONE OF THE FOUR AIR DROPS, MANGANESE OX- IDE WAS NOT BEING PERIODICALLY MEASURED AND SUBTRACTED FRO THE TOTAL CHLORINE RESIDUAL LEVEL, EFFLUENT SAMPLES WERE NOT BEING STORED AT THE PROPER TEMPERATURE BETWEEN THE TIME OF THE SAMPLE COLLECTION AND LAB PICKUP, PER- MITEE FAILED CONTINUALLY TO SUBMIT DMRS, MONTHLY EFFLUENT RECORDS AVAILABLE FOR INSPECTION WERE INCOMPLETE, CALI- BRATION RECORDS FOR PH WEREN'T BEING MAINTAINED, CHAIN OF CUSTODY AND COMPOSITE SAMPLING RECORDS WERE NOT BEING MAINTAINED TO DOCUMENT THE DATES AND TIMES OF SAMPLE COL- LECTION, CORRESPONDING FLOWS, FLOW PROPORTIONING CALCULA- TIONS FOR COMPOSITE SAMPLES, IDENTITY OF SAMPLER, ETC. 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 IS NECESSARY TO CORRECT, ELIMINATE, AND PREVENT THE RECURRENCE OF THE VIOLATIONS, DETAIL THE CORRECTIVE ACTIONS TAKEN, APPEAR AT EPA TO SHOW CAUSE, AND ARRANGE A MEETING WITH EPA TO BE HELD WITHIN 45 DAYS OF THE EFFECTIVE DATE OF THE AO.

Defendants (1)

• SUNBELT FWSDNamed in complaintNamed in settlement

Facilities (1)

• HEATHER GLEN CO TREATMENT PLA

  730 LITTLE YORK RD, HOUSTON, TX, 77006

  Registry ID: 110010698520

Statutes cited

• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• SUNBELT FWSDentered 1997-05-30

  Primary law: CWA

Timeline (5 milestones)

• 1997-05-30Complaint Filed/Proposed Order
• 1997-05-30Final Order Issued
• 1997-06-18Enforcement Action Data Entered
• 1997-07-14Compliance Achieved
• 1997-07-14Enforcement Action Closed