EPA v. PLAINVIEW, CITY OF

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. CITY OF PLAINVIEW LANDFILL ROAD, ONE SOUTH OF U.S. HIGHWAY 70 PLAINVIEW, HALE COUNTY, TEXAS 79072 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) HAVING NO DECHLORINATION FACILITIES IN PLACE, 2) FAIL- ING TO MONITOR FOR TOTAL RESIDUAL CHLORINE, 3) FAILING TO CONTINUOUSLY MONITOR EFFLUENT FLOW, 4) FAILING TO MONITOR THE EFFLUENT FOR BOD, 5) FAILING TO EFFECTIVELY MONITOR THE EFFICIENCY OF ALL TREATMENT AND CONTROL FACILITIES AND THE QUANTITY AND QUALITY OF THE TREATED DISCHARGE, 6) FAILING TO SUBMIT THE REQUIRED INDUSTRIAL USERS SURVEY AS OF OCT. 1, 1997, 7) FAILING TO SUBMIT THE REQUIRED PRO- GRAM DESIGN AS OF OCT. 1, 1997, 8) FAILING TO SUBMIT THE REQUIRED FINANCIAL PROGRAMS, REVENUE SOURCES, EQUIPMENT, AND STAFFING EVALUATION AS OF OCT. 1, 1997, 9) FAILING TO SUBMIT THE REQUIRED POLLUTANT SCAN AS OF OCT. 1, 1997, 10) FAILING TO PROPERLY OPERATE AND MAINTAIN ALL FACILI- TIES AND SYSTEMS OF TREATMENT AND CONTROL AS EFFICIENTLY AS POSSIBLE TO MINIMIZE UPSETS AND DISCHARGES OF EXCES- SIVE POLLUTANTS, 11) INADEQUATE STAFFING, 12) INADEQUATE MONITORING INFORMATION, 13) FAILING TO CONDUCT MONITORING ACCORDING TO APPROVED TEST PROCEDURES, 14) FAILING TO CALIBRATE AND PERFORM MAINTENANCE PROCEDURES ON MONITOR- ING AND ANALYTICAL INSTRUMENTS FREQUENTLY TO INSURE AC- CURACY OF MEASUREMENTS AND MAINTAINING APPROPRIATE RE- CORDS, 15) INADEQUATE ANALYTICAL QUALITY CONTROL PROGRAM, AND 16) FAILING TO INCLUDE MONITORING RESULTS IN THE CAL- CULATION AND REPORTING OF OF THE DATA SUBMITTED IN THE DMR. 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 ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED, B) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED AND EXPLAINING WHY SUCH ACTIONS ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT RECURRENCE OF THE VIOLATIONS, AND C) WITHIN 45 DAYS OF THE AO, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• PLAINVIEW, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• PLAINVIEW CITY OF

  LANDFILL ROAD, ONE MI S OF US HWY 70, PLAINVIEW, TX, 79072

  Registry ID: 110010655763

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PLAINVIEW, CITY OFentered 1997-10-16

  Primary law: CWA

Timeline (4 milestones)

• 1997-10-16Complaint Filed/Proposed Order
• 1997-10-16Final Order Issued
• 1997-12-09Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed