EPA v. MORGAN, CITY OF , A TEXAS MUNICIPALITY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. CITY OF MORGAN, A TEXAS MUNICIPALITY 1.5 MILES SOUTHEAST OF THE INTERSECTION OF STATE HIGHWAY 174 AND FARM TO MARKET ROAD 927 MORGAN, BOSQUE COUNTY, TEXAS 76671 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) DISCHARGING POLLUTANTS FROM THE FACILITY THAT EXCEEDED PERMITTED EFFLUENT LIMITATIONS AND 2) FAILING TO MAKE THE REQUIRED NOTIFICATIONS OF NONCOMPLIANCE. 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 VIOLATIONS CITED, B) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED AND EXPLAINING WHY SUCH ACTIONS ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT RECURRENCE OF THE VIOLATIONS, AND C) IF THE RESPONDENT BELIEVES COMPLETE CORRECTION OF THE VIOLATIONS IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMITA DETAILED SCHEDULE FOR ELIMINATION AND PREVENTION OF RECURRENCE OF THE VIOLATIONS IN THE SHORT- EST TIME POSSIBLE.

Defendants (1)

• MORGAN, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• MORGAN CITY OF

  STATE HWY 174 AND FM 927, MORGAN, TX, 76671

  Registry ID: 110010776026

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MORGAN, CITY OFentered 1998-02-17

  Primary law: CWA

Timeline (4 milestones)

• 1998-02-17Complaint Filed/Proposed Order
• 1998-02-17Final Order Issued
• 1998-03-05Enforcement Action Data Entered
• 2002-07-09Enforcement Action Closed