EPA v. INDEPENDENCE, LOUISIANA, TOWN OF, A LOUISIANA MUNICIPALITY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. TOWN OF INDEPENDENCE, LOUISIANA, A LOUISIANA MUNICIPALITY P.O. BOX 35 INDEPENDENCE, TANGIPOHOA PARISH, LOUISIANA 70443 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 SUBMIT QUARTERLY PROGRESS REPORTS, 3) FAILING TO INCLUDE THE MISSING SAMPLES IN MONITORING, AND 4) FAILING TO HAVE A CERTIFIED WASTEWATER TREATMENT OPERATOR. 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 FECAL COLIFORM VIOLATIONS AND CORRECT THE DEFICIENCIES NOTED IN THE MAR. 22, 1996 INSPECTION CITED, B) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE FECAL COLIFORM VIOLATIONS AND THE DEFICIEN- CIES IN THE SPECTION CITED AND EXPLAINING WHY SUCH AC- TIONS ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT RECUR- RENCE OF THE VIOLATIONS, C) IF THE PERMITTEE BELIEVES COMPLETE CORRECTION OF THE FC VIOLATIONS AND INSPECTION DEFICIENCIES IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A DETAILED SCHEDULE FOR ELIMINA- TION AND PREVENTION OF RECURRENCE OF THE FC VIOLATIONS AND THE INSPECTION DEFICIENCIES IN THE SHORTEST TIME POS- SIBLE, D) SUBMIT QUARTERLY PROGRESS REPORTS FOR JUL. 28, 1997 AND OCT. 28, 1997, AND E) ACHIEVE SUSTAINED COMPLI- ANCE WITH THE FINAL EFFLUENT LIMITATIONS ON THE 1997 PER- MIT OR BEFORE JUL. 1, 1999,

Defendants (1)

• INDEPENDENCE, LOUISIANA, TOWN OFNamed in complaintNamed in settlement

Facilities (1)

• INDEPENDENCE, TOWN OF WWTP

  CASON RD, P.O. BOX 35, INDEPENDENCE, LA, 70443

  Registry ID: 110010704764

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• INDEPENDENCE, LOUISIANA, TOWN OFentered 1998-01-30

  Primary law: CWA

Timeline (5 milestones)

• 1998-01-30Complaint Filed/Proposed Order
• 1998-01-30Final Order Issued
• 1998-02-05Enforcement Action Data Entered
• 1998-03-17Compliance Achieved
• 1998-03-17Enforcement Action Closed