EPA v. LUFKIN, CITY OF

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. CITY OF LUFKIN FARM ROAD 324, 1.5 M SOUTH OF THE CITY LUFKIN, ANGELINA COUNTY, TEXAS 75902 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) FAILING TO COMPLY WITH WET LIMITS FOR CHRONIC LETHAL- ITY TO PIMEPHALES PROMELAS, 2) UNAUTHORIZED DISCHARGES FROM THEIR COLLECTION SYSTEM, AND 3) FAILING TO COMPLY WITH THE CEILING CONCENTRATION FOR ARSENIC IN SLUDGE. 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 SUBMIT A COMPLETE LISTING OF ALL COLLECTION SYSTEMS OVER- FLOWS THAT OCCURRED DURING THE TIME PERIOD JAN. 1, 1996 TO PRESENT, B) WITHIN 30 DAYS OF THE AO, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED, C) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED AND EX- PLAINING WHY SUCH ACTIONS ARE ANTICIPATED TO BE SUFFICI- ENT TO PREVENT RECURRENCE OF THE VIOLATIONS, OR D) IF THE PERMITTEE BELIEVES COMPLETE CORRECTION OF THE VIOLATIONS IS NOT POSSIBLE WITHIN 30 DAYS, SUBMIT A SCHEDULE FOR E- LIMINATION OF THE VIOLATIONS IN THE SHORTEST TIME POSSI- BLE, AND E) WITHIN 45 DAYS OF THE AO, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• LUFKIN, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• LUFKIN CITY OF

  FARM ROAD 324, LUFKIN, TX, 75901

  Registry ID: 110010698192

Statutes cited

• CWA 405 — Sewage Sludge Disposal
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• LUFKIN, CITY OFentered 1997-11-28

  Primary law: CWA

Timeline (5 milestones)

• 1997-11-28Complaint Filed/Proposed Order
• 1997-11-28Final Order Issued
• 1998-01-07Enforcement Action Data Entered
• 1999-05-18Compliance Achieved
• 1999-05-18Enforcement Action Closed