EPA v. CLINTON, TOWN OF, A LOUISIANA MUNICIPALITY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. TOWN OF CLINTON, A LOUISIANA MUNICIPALITY 001 ROOSEVELT STREET CLINTON, EAST FELICIANA PARISH, LOUISIANA 70722 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM THE FACILITY THAT EXCEEDED PERMITTED EFFLUENT LIMITATIONS AND BY FAILING TO PROPERLY OPERATE AND MAINTAIN THE FACILITY IN A MANNER WHICH WILL MINIMIZE UPSETS AND DISCHARGES OF EXCESSIVE POLLUTANTS AND WILL ACHIEVE COMPLIANCE WITH THE CONDITIONS OF THE PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) 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 CORRECT THE DEFICIENCIES NOTED IN THE JAN. 5, 1998, INSPECTION CITED, B) WITHIN 30 DAYS OF THE AO, PROVIDE EPA WITH STATUS OF FUNDS FROM THE LOUISIANA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE PLAN TO RAISE THE SEWER RATES TO FUND A PROJECT TO ENLARGE, MODI- FY AND CORRECT THE EXISTING DEFICIENCIES TO THE FACILITY, C) IF PERMITTEE BELIEVES COMPLETE CORRECTION OF THE IN- SPECTION DEFICIENCIES, SECURING FUNDS FROM THE LA. COM- MUNITY DEVELOPMENT BLOCK GRANT PROGRAM, OR RAISING SEWER RATES IS NOT POSSIBLE WITHIN 30 DAYS, ON OR BEFORE APR. 30, 1998, SUBMIT A COMPREHENSIVE PLAN FOR ELIMINATION AND PREVENTION OF VIOLATIONS IN THE SHORTEST TIME POSSIBLE, AND D) PROVIDE EPA WITH A PROGRESS REPORT, DUE BY APR. 30 AND OCT. 31 EACH YEAR, ON THE EFFORTS TO SECURE AND OB- TAIN FUNDING, AND WHEN THE ENGINEERING DESIGN AND CON- STRUCTION WILL BEGIN AND BE COMPLETED, AS REQUIRED TO ACHIEVE SUSTAINED COMPLIANCE.

Defendants (1)

• CLINTON, TOWN OFNamed in complaintNamed in settlement

Facilities (1)

• CLINTON, TOWN OF

  001 ROOSEVELT STREET, CLINTON, LA, 70722

  Registry ID: 110040030695

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CLINTON, TOWN 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
• 1998-08-17Compliance Achieved
• 1998-08-17Enforcement Action Closed