EPA v. PORT ALLEN, CITY OF

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA , 33 U.S.C. SECTION 1319(A). 2. CITY OF PORT ALLEN 123 SOUTH 14TH STREET PORT ALLEN, WEST BATON ROUGE PARISH, LOUISIANA 70767 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO SUBMIT ANY OF THE REPORTS REQUIRED BY PARTS I.B.1.B. OR I.C.3. OF THE PERMIT, SUCH AS PROGRESS RE- PORTS, OR NONCOMPLIANCE /COMPLIANCE REPORTS, AND BY FAIL- ING TO ADVERTISE FOR BIDS OR BEGIN CONSTRUCTION IN COM- PLIANCE WITH THE SCHEDULE SUBMITTED IN ITS PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RESPOND- ENT TO: A) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE AO, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO ELIM- INATE AND PREVENT RECURRENCE OF THE REPORTING VIOLATIONS CITED, B) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN RE- PORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED AND EXPLAINING WHY SUCH ACTIONS ARE AN- TICIPATED TO BE SUFFICIENT TO PREVENT RECURRENCE OF THE VIOLATIONS CITED, C) ACCOMPLISH THE FOLLOWING TASKS AND COMPLY WITH THE FOLLOWING SCHEDULE OF ACTIVITIES: ADVER- TISE FOR BIDS BY JAN. 15, 1998, BEGIN CONSTRUCTION BY APR. 1, 1998, AND COMPLETE CONSTRUCTION AND BEGIN PROJECT PERFORMANCE BY DEC. 1, 1998, D) SUBMIT REPORTS ON THE PROGRESS AND CURRENT STATUS OF ALL ACTIVITIES REQUIRED BY THE SCHEDULE LISTED ABOVE, AND E) NOTIFY EPA NO LATER THAN 14 DAYS FOLLOWING THE SCHEDULED COMPLETION DATE OF ANY ACTIVITY IN THE SCHEDULE WHETHER THE ACTIVITY HAS BEEN COMPLETED.

Defendants (1)

• PORT ALLEN, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• CITY OF PORT ALLEN

  123 SOUTH FOURTEENTH STREET, PORT ALLEN, LA, 70767

  Registry ID: 110000736794

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PORT ALLEN, CITY OFentered 1997-10-22

  Primary law: CWA

Timeline (5 milestones)

• 1997-10-22Complaint Filed/Proposed Order
• 1997-10-22Final Order Issued
• 1997-12-02Enforcement Action Data Entered
• 1999-05-24Compliance Achieved
• 1999-05-24Enforcement Action Closed