EPA v. TERRELL, CITY OF

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. CITY OF TERRELL P.O. BOX 310 TERRELL, KAUFMAN COUNTY, TEXAS 75160 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) DISCHARGING POLLUTANTS FROM THE FACILITY THAT EXCEEDED PERMITTED EFFLUENT LIMITATIONS, 2) FAILING TO SAMPLE FOR FECAL COLIFORM, 3) INADEQUATE STAFFING, 4) ADEQUATE TRAINING OF PERSONNEL, POOR DOCUMENTATION OF IU INSPECT- IONS, AND NO PROCEDURES FOR TIMELY AND APPROPRIATE SUB- MITTALS BY THE IUS, AND 5) FAILING TO REPORT OVERFLOWS THAT OCCURRED IN THE COLLECTION SYSTEM. 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 SYSTEM OVER- FLOWS THAT OCCURRED DURING THE TIME PERIOD JAN. 1, 1995 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 AND EXPLAINING WHY SUCH ACTIONS ARE ANTICIPATED TO BE SUFFICIENT TO PRE- VENT RECURRENCE OF THE VIOLATIONS, OR D) IF THE PERMITTEE BELIEVES COMPLETE CORRECTION OF THE VIOLATIONS IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A SCHEDULE FOR ELIMINATION OF THE VIOLATIONS IN THE SHORTEST TIME POSSIBLE, AND E) WITHIN 45 DAYS OF THE, AR- RANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• TERRELL, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• TERRELL CITY OF (KINGS CREEK)

  201 E NASH ST, TERRELL, TX, 75160

  Registry ID: 110010661355

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• TERRELL, CITY OFentered 1997-11-28

  Primary law: CWA

Timeline (4 milestones)

• 1997-11-28Complaint Filed/Proposed Order
• 1997-11-28Final Order Issued
• 1998-01-07Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed