EPA v. THE EARTHGRAINS COMPANY, A DELAWARE CORPORATION

Case summary

1. SECTIONS 308 AND 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTIONS 1318 AND 1319(A). 2. THE EARTHGRAINS COMPANY, A DELAWARE COMPANY FACILITY: EARTHGRAINS BAKERIES COMPANIES 1600 WEST HARRISON HARLINGEN, CAMERON COUNTY, TEXAS 78550 3. RESPONDENT, AN INDUSTRIAL USER, WAS IN VIOLATION OF SEC- TION 307(D) OF THE CWA BY DISCHARGING PROCESS AND SANI- TARY WASTEWATER INTO THE POTWS COLLECTION SYSTEM IN EX- CESS OF THE LOCAL LIMITS. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308 AND 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RESPONDENT 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 EFFLUENT VIOLA- TIONS CITED AND SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN AND WHY SUCH ACTIONS ARE SUFFIC- IENT TO PREVENT RECURRENCE OF THE VIOLATIONS, AND B) IF THE IU BELIEVES THAT COMPLETE CORRECTION OF THE NONCOM- PLYING DISCHARGES WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A COMPREHENSIVE PLAN FOR ELIMINATION AND PRE- VENTION OF THE VIOLATIONS IN THE SHORTEST TIME POSSIBLE.

Defendants (1)

• THE EARTHGRAINS COMPANYNamed in complaintNamed in settlement

Facilities (2)

• EARTHGRAINS BAKING COMPANIES, INC.

  1600 WEST HARRISON, HARLINGEN, TX, 78550

  Registry ID: 110006529088

• EARTHGRAINS BAKING COMPANIES, INC.

  1600 WEST HARRISON, HARLINGEN, TX, 78550

  Registry ID: 110006529088

Statutes cited

• CWA 307D — Clean Water Act

Enforcement conclusions (1)

• THE EARTHGRAINS COMPANYentered 1997-11-25

  Primary law: CWA

Timeline (4 milestones)

• 1997-11-25Complaint Filed/Proposed Order
• 1997-11-25Final Order Issued
• 1998-01-06Enforcement Action Data Entered
• 2009-10-20Enforcement Action Closed