EPA v. MIDLAND, CITY OF

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. CITY OF MIDLAND, A PUBLICLY OWNED TREATMENT WORKS (POTW) P.O. BOX 1152 MIDLAND, MIDLAND COUNTY, TEXAS 79702 3. RESPONDENT WAS IN VIOLATION OF SECTION OF 405 OF THE CWA BY 1) FAILING TO FILE ITS ANNUAL SLUDGE REPORT IN A TIME- LY MANNER, 2) FAILING TO MEET PATHOGEN REDUCTION REQUIRE- MENTS, 3) FAILING TO MEET VECTOR ATTRACTION REDUCTION RE- QUIREMENTS, AND 4) FAILING TO APPLY SEWAGE SLUDGE AT AN APPLICATION RATE THAT IS EQUAL TO OR LESS THAN THE AGRO- NOMIC RATE FOR THE SLUDGE. 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, B) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TOCORECT THE VIOLATIONS CITED AND EXPLAINING WHY SUCH ACTIONS ARE ANTICIPATED TO BE SUF- FICIENT TO PREVENT RECURRENCE OF THE VIOLATIONS, 3) IF THE RESPONDENT BELIEVES COMPLETE CORRECTION OF THE VIOLA- TIONS 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, AND D) WITHIN 45 DAYS OF THE AO, AR- RANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• MIDLAND, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• MIDLAND, CITY OF

  PO BOX 1152, MIDLAND, TX, 79702

  Registry ID: 110063919693

Statutes cited

• CWA 405 — Sewage Sludge Disposal

Enforcement conclusions (1)

• MIDLAND, CITY OFentered 1998-02-17

  Primary law: CWA

Timeline (4 milestones)

• 1998-02-17Complaint Filed/Proposed Order
• 1998-02-17Final Order Issued
• 1998-03-11Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed