EPA v. SAN MARCOS, CITY OF, A TEXAS MUNICIPALITY

Case summary

1. SECTION 3099A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. CITY OF SAN MARCOS, A TEXAS MUNICIPALITY 4000' EAST OF INTERSECTION OF STATE HIGHWAY 123 AND IN- TERSTATE HIGHWAY 35 SAM MARCOS, HAYS COUNTY, TEXAS 78666 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA AND ITS PRETREATMENT PROGRAM BY 1) HAVING TWO INDUSTRIAL USERS IN SIGNIFICANT NONCOMPLIANCE (SNC), 2) USING UN- APPROVED METHODS FOR TESTING SOLID WASTE, 3) NO DOCUMEN- TATION IN SIU FILES TO DETERMINE WHETHER PERMITTEE HAS E- VALUATED THE NEED FOR SLUG DISCHARGE CONTROL PLANS WHICH INCLUDE INTENTIONAL RELEASES, 4) CHAIN-OF-CUSTODY FOR COMPLIANCE MONITORING SAMPLING EVENTS DO NOT HAVE DATE AND TIME OF RECEIVED BY NET SIGNATURE LINE ITEMS FILLED IN, 5) WASTEWATER FLOW DATA HAS NOT BEEN SUBMITTED BY A COUPLE OF THE INDUSTRIAL USERS (IU) FROM OCT. 1995 TO JUN. 1997, IN THE SEMI-ANNUAL SELF-MONITORING REPORTS, AND 6) CATEGORICAL PROCESSES RESULTS WERE REPORTED AS TO- TAL AND NOT SEPARATE AS REQUIRED BY PERMIT ISSUED TO E- LECTROSOURCE, INC. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) TO THE RESPONDENT. THE AO ORDERS THE RESPONDENT 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 AC- TIONS ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT RECUR- RENCE OF THE VIOLATIONS, AND C) IF PERMITTEE BELIEVES COMPLETE CORRECTION OF THE VIOLATIONS IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A COM- PREHENSIVE PLAN FOR ELIMINATION AND PREVENTION OF THE VIOLATIONS.

Defendants (1)

• SAN MARCOS, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• SAN MARCOS CITY OF

  4000 FT E OF SH 123 & I-35, SAN MARCOS, TX, 78666

  Registry ID: 110010655068

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• SAN MARCOS, CITY OFentered 1998-03-03

  Primary law: CWA

Timeline (5 milestones)

• 1998-03-03Complaint Filed/Proposed Order
• 1998-03-03Final Order Issued
• 1998-04-06Enforcement Action Data Entered
• 1998-05-01Compliance Achieved
• 1998-05-01Enforcement Action Closed