EPA v. HEAVENER UTILITIES AUTHORITY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. HEAVENER UTILITIES AUTHORITY SOUTHEAST/4 OF SECTION 7, TOWNSHIP 5 NORTH, RANGE 26 EAST OF THE INDIAN MERIDIAN HEAVENER, LE FLORE COUNTY, OKLAHOMA 74937 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM THE FACILITY THAT EXCEEDED PERMITTED EFFLUENT LIMITATIONS, AS SHOWN IN THE CERTIFIED DMRS FILED WITH EPA. 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 VIOLATION IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A DETAILED SCHEDULE FOR ELIMINATION AND PREVENTION OF THE RECURRENCE OF THE VIOLATIONS IN THE SHORTEST TIME POSSIBLE.

Defendants (1)

• HEAVENER UTILITIES AUTHORITYNamed in complaintNamed in settlement

Facilities (2)

• HEAVENER UTILITIES AUTHORITY

  401 E FIRST, HEAVENER, OK, 74937

  Registry ID: 110010698067

• HEAVENER UTILITIES AUTHORITY

  401 E FIRST, HEAVENER, OK, 74937

  Registry ID: 110010698067

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• HEAVENER UTILITIES AUTHORITYentered 1998-02-23

  Primary law: CWA

Timeline (5 milestones)

• 1998-02-23Complaint Filed/Proposed Order
• 1998-02-23Final Order Issued
• 1998-03-12Enforcement Action Data Entered
• 2000-04-25Compliance Achieved
• 2000-04-25Enforcement Action Closed