EPA v. PLAINVIEW, TEXAS, CITY OF, A TEXAS MUNICIPALITY

Case summary

1. SECTION 309(G)(2) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G)(20. 2. CITY OF PLAINVIEW, A TEXAS MUNICIPALITY LANFILL ROAD, 1 MILE SOUTH OF US HIGHWAY 70, SOUTHEAST SIDE OF THE CITY PLAINVIEW, HALE COUNTY, TEXAS 79072 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) FAILING TO MONITOR TOTAL RESIDUAL CHLORINEIN THE EF- FLUENT PRIOR TO FINAL DECHLORINATION, AFTER DECHLORINAT- ION AND PRIOR TO FINAL DISPOSAL, 2) FAILING TO CONTIN- UOUSLY MONITOR EFFLUENT FLOW, 3) FAILING TO MONITOR ITS EFFLUENT FOR BOD, 4) FAILING TO EFFECTIVELY MONITOR THE EFFICIENCY OF ALL TREATMENT AND CONTROL FACILITIES AND THE QUANTITY AND QUALITY OF THE TREATED DISCHARGE, 5) FAILING TO SUBMIT THE REQUIRED INDUSTRIAL USER SURVEY BY OCT. 1, 1997, 6) FAILING TO SUBMIT A DESIGN OF A SAMPL- ING, INSPECTION, AND REPORTING PROGRAM, 7) FAILING TO SUBMIT AN EVALUATION OF THE FINANCIAL PROGRAMS, REVENUE SOURCES, EQUIPMENT, AND STAFFING, WHICH WILL BE EMPLOYED TO IMPLEMENT THE PRETREATMENT PROGRAM BY SPET. 1, 1997, 8) FAILING TO SUBMIT RESULTS OF AN INFLUENT POLLUTANT SCAN OF A 24-HOUR COMPOSITE SAMPLE, 9) FAILING TO OPERATE AND MAINTAIN ALL FACILITIES AND SYSTEMS OF TREATMENT CON- TROL EFFICIENTLY SO AS TO MINIMIZE UPSETS AND DISCHARGES OF EXCESSIVE POLLUTANTS, 10) FAILING TO PROVIDE ADEQUATE OPERATING STAFF, 11) FAILING TO RECORD THE NECESSARY MON- ITORING INFORMATION, 12) FAILING TO RECORD THE INDIVIDUAL OR INDIVIDUALS WHO PERFORMED THE SAMPLING OR MEASUREMENTS FOR MONITORING, 13) FAILING TO USE APPROVED METHODS TO CONDUCT MONITORING, 14) FAILING TO PROPERLY CALIBRATE AND AND MAINTAIN EQUIPMENT AND KEEP RECORDS, 15) FAILING TO PERFORM QUALITY CONTROL, AND 16) FAILING TO INCLUDE TEST PROCEDURES IN REPORTING DATA. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G)(2) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $137,500 FOR THE VIOLA- TIONS CITED.

Defendants (1)

• PLAINVIEW, TEXAS, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• PLAINVIEW CITY OF

  LANDFILL RD, 1 M S OF US HWY 70, SE SIDE OF, PLAINVIEW, TX, 79072

  Registry ID: 110010655763

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PLANVIEW, TEXAS, CITY OFentered 1998-09-16

  Primary law: CWA

  Federal penalty: $23,333

Timeline (5 milestones)

• 1998-02-24Enforcement Action Data Entered
• 1998-02-24Complaint Filed/Proposed Order
• 1998-09-16Final Order Issued
• 1998-10-21Compliance Achieved
• 1998-10-21Enforcement Action Closed