EPA v. VIDALIA, CITY OF, A LOUISIANA MUNICIPALITY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. CITY OF VIDALIA, A LOUISIANA MUNICIPALITY LOGAN SEWELL DRIVE VIDALIA, CONCORDIA PARISH, LOUISIANA 71373 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY VIOLATING CONDITIONS OF THE PERMIT THAT INCLUDE :1) NOT COLLECTING A FLOW PROPORTIONED 6 HOUR COMPOSITE SAMPLE OF ITS DISCHARGE, AND 2) THE SECONDARY FLOW MEASUREMENT DE- VICE DOES NOT MEET REQUIREMENTS, SPECIFICALLY, THE DEVICE CANNOT MEASURE FLOWS THROUGHOUT THE RANGE OF EXPECTED DISCHARGE VOLUMES. 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, SUBMIT A DETAILED SCHEDULE FOR ELIMINATION AND PREVENTION OF RECURRENCE OF THE VIOLATIONS IN THE SHORT- EST TIME POSSIBLE.

Defendants (1)

• VIDALIA, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• VIDALIA, TOWN OF

  LOGAN SEWELL DR AT VIDALIA, VIDALIA, LA, 71373

  Registry ID: 110010579294

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• VIDALIA, CITY OFentered 1998-02-17

  Primary law: CWA

Timeline (5 milestones)

• 1998-02-17Complaint Filed/Proposed Order
• 1998-02-17Final Order Issued
• 1998-03-10Enforcement Action Data Entered
• 1998-05-15Compliance Achieved
• 1998-05-15Enforcement Action Closed