EPA v. TEXMARK CHEMICALS, INC.

Case summary

1. SECTION 309 OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C, 1319. 2. TEXMARK CHEMICALS, INC., A TEXAS CORPORATION P.O. BOX 67 GALENA PARK, HARRIS COUNTY, TEXAS 77547-0067 3. THE TEXMARK CHEMICALS PLANT HAS BEEN VIOLATING EFFLUENT LIMITATIONS FOR A CONSIDERABLE PERIOD OF TIME DURING THE LAST 5 YEARS. ON SEVERAL OCCASIONS DURING THE LAST YEAR, THE PERMITEE SUBMITTED TO EPA DIFFERENT PROPOSALS TO CON- STRUCT IMPROVEMENTS TO BRING THE FACILITIES INTO COMPLI- ANCE WITH THE NPES PERMIT REQUIREMENTS. EACH TIME A SCHEDULE ORDER WAS ISSUED BY EPA REQUIRING THE PERMITEE TO CONSTRUCT THE PERMITEE-PROPOSED IMPROVEMENTS AND TO COMPLY WITH THE NPDES REQUIREMENTS, THE PERMITEE CONSIS- TENTLY FAILED TO FULFILL ITS COMMIMENT TO COMPLY. WITH REGARD TO SOME OF THE SCHEDULE ORDERS, THE PERMITEE CHANGED THE STORY IN ORDER TO ABANDON THE REQUIRED CON- STRUCTION OF TREATMENT FACILITIES AND PROPOSED TO CON- STRUCT A NEW TREATMENT PLANT CONTINGENT UPON THE PLANT OWNER'S ABILITY TO BUY A PORTION OF AN ADJACENT PROPERTY. WHEN EPA INDICATED TO THE PERMITEE THAT ACHEDULE ORDER COULD NOT BE ISSUED ON THE BASIS OF A CONTINGENT PROPOSAL THE PERMITEE STATED THAT ALL THE CONSTRUCTION NEEDED TO COMPLY WITH THE NPDES REQUIREMENTS WERE COMPLETED INSTEAD OF COMPLETING THE PREVIOUSLY PROPOSED CONSTRUCTION. HENCE THE PERMITEE CONTINUES TO BE IN VIOLATION. 4. RELIEF SOUGHT PURSUANT TO SECTION 309 OF THE CWA, EPA RE- FERS THIS DIRECT REFERRAL TO DOJ TO ASSIST IN THE DEVEL- OPMENT AND LITIGATION OF A CIVIL ACTION AGAINST THE OWN- ERS AND OPERATORS OF TEXMARK CHEMICALS, INC. THIS ACTION WILL SEEK AN INJUNCTION TO REQUIRE THE PERMITEE TO CON- STRUCT ADEQUATE PROCESS WASTEWATER TREATMENT FACILITIES FOR THE ATTAINMENT OF COMPLIANCE WITH NPDES PERMIT RE- QUIREMENTS. IN ADDITION, THIS ACTION COULD POTENTIALLY SEEK PENALTIES FOR VIOLATIONS WHICH OCCURRED AFTER FEB. 1997 AND HAVE NOT BEEN ADDRESSED BY EPA THROUGH ADMINIS- TRATIVE ENFORCEMENT ACTION. SHOULD THIS MATTER BE RESOL- VED THROUGH A CONSENT DECREE TO BE AGREED TO BY THE PAR- TIES, EPA WILL SEEK TO INCLUDE STIPULATED PENALTIES FOR THE PERMITEE'S FAILURE TO CONSTRUCT ADEQUATE PROCESS WASTEWATER FACILITIES WITHIN THE SCHEDULE TO BE AGREED TO BY THE PARTIES.

Defendants (1)

• TEXMARK CHEMICALS, INC.Named in complaintNamed in settlement

Facilities (1)

• TEXMARK CHEMICALS INCORPORATED

  900 CLINTON DR., GALENA PARK, TX, 77547

  Registry ID: 110000463490

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• TEXMARK CHEMICALS, INC.entered 1999-09-20

  Primary law: CWA

  Federal penalty: $129,816

Timeline (7 milestones)

• 1997-09-30Referred To Dept Of Justice
• 1997-10-08Enforcement Action Data Entered
• 1999-07-29Complaint Filed With Court
• 1999-08-03Final Order Lodged
• 1999-09-20Final Order Entered
• 1999-09-20Concluded
• 2010-12-19Enforcement Action Closed