EPA v. DAYTON, CITY OF
Unilateral Administrative Order Without Adjudication
Case summary
1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. CITY OF DAYTON 0.50 MILE SW OF INTERSECTION OF STATE HIGHWAY 146 AND U.S. HIGHWAY 90 DAYTON, LIBERTY COUNTY, TEXAS 77535 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM THE FACILITY THAT EXCEEDED PERMITTED EFFLUENT LIMITATIONS, AS SHOWN IN THE CERTIFIED DMRS FILED WITH EPA. 4. RELIEF SOUGHT PURSUAN TTO 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 AND EX- PLAINING WHY SUCH ACTIONS ARE ANTICIPATED TO BE SUFFIC- IENT TO PREVENT RECURRENCE OF THE VIOLATIONS, AND C) IF THE PERMITTEE BELIEVES COMPLETE CORRECTION OF THE VIOLA- TIONS IS NOT POSSIBLE WITHIN 30 DAYS, SUBMIT A SCHEDULE FOR THE ELIMINATION OF THE VIOLATIONS IN THE SHORTEST TIME POSSIBLE.
Defendants (1)
- DAYTON, CITY OFNamed in complaintNamed in settlement
Facilities (1)
DAYTON, CITY OF
111 N CHURCH ST, DAYTON, TX, 77535
Registry ID: 110010653248
Statutes cited
- CWA 301 — NPDES Discharge without a Permit
Enforcement conclusions (1)
DAYTON, CITY OFentered 1997-12-16
Primary law: CWA
Timeline (5 milestones)
- 1997-12-16Complaint Filed/Proposed Order
- 1997-12-16Final Order Issued
- 1998-01-06Enforcement Action Data Entered
- 2001-01-11Compliance Achieved
- 2001-01-11Enforcement Action Closed
Case metadata
- EPA activity ID
- 37805
- Case number
- 06-1998-0108
- Lead agency
- EPA
- HQ division
- WAT
- Branch
- 6EN-L
- EPA region
- 06
- Multimedia
- No
- Voluntary self-disclosure
- No
- Primary statute
- NPDES Discharge without a Permit
Sourced verbatim from EPA ECHO Enforcement Case Report for case 06-1998-0108 . Bulk data: ICIS-FEC download summary.
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