EPA v. HARLINGEN, 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 HARLINGEN, A TEXAS MUNICIPALITY 2.5 MILES EAST OF THE 15TH STREET AND EAST HARRISON AVE. (FARM-TO-MARKET ROAD 106) INTERSECTION, SOUTH OF HARRISON AVE., P.O. BOX 1950 HARLINGEN, CAMERON COUNTY, TEXAS 78551 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) DISCHARGING POLLUTANTS FROM THE FACILITY THAT EXCEEDED PERMITTED EFFLUENT LIMITATIONS, AS SHOWN IN THE CERTIFIED DMRS FILED WITH EPA, 2) FAILING TO SUBMIT TO EPA THE AN- NUAL REPORT FOR THE PRETREATMENT PROGRAM FOR THE TIME PERIOD FROM 7/1/96 TO 6/30/97, AND 3) FAILING TO SUBMIT AN UPDATED PRETREATMENT PROGRAM STATUS REPORT TO EPA AND THE STATE. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) REQUIRING THE RESPON- DENT TO: A) WITHIN 30 DATS OF THE EFFECTIVE DATE OF THE AO, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO ELIM- INATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED, B) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAIL- ING 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, 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, D) SUBMIT THE PROGRESS REPORT DATED 10/17/97 WITHIN 30 DAYS OF THE AO, AND E) SUBMIT THE PRE- TREATMENT PROGRAMS ANNUAL REPORT WITHIN 30 DAYS OF THE AO.

Defendants (1)

• HARLINGEN, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• HARLINGEN CITY OF

  P.O. BOX 1950, HARLINGEN, TX, 78550

  Registry ID: 110008167946

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• HARLINGEN, CITY OFentered 1998-02-27

  Primary law: CWA

Timeline (4 milestones)

• 1998-02-27Complaint Filed/Proposed Order
• 1998-02-27Final Order Issued
• 1998-03-16Enforcement Action Data Entered
• 2002-06-27Enforcement Action Closed