EPA v. MIKE WHITELEY DAIRY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. MIKE WHITELEY MIKE WHITELEY DAIRY, AN ANIMAL FEEDING OPERATION ROUTE 2, BOX 549 MT. VERNON, FRANKLIN COUNTY, TEXAS 75457 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO DEVELOP AND IMPLEMENT AN APPROPRIATE POLLUTION PREVENTION PLAN BY APR. 26, 1995. 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 ACTION IS NECES- SARY TO DEVELOP AND IMPLEMENT A POLLUTION PREVENTION PLAN (PPP) UTILIZING BEST MANAGEMENT PRACTICES AND MAINTAINED AT THE FACILITY, AND B) WITHIN 30 DAYS OF THE AO, SUBMIT A LETTER CERTIFYING THAT PLAN HAS BEEN COMPLETED AND IM- PLEMENTED; OR IF PERMITTEE BELIEVES COMPLETION AND IMPLE- MENTATION OF A PPP IS NOT POSSIBLE WITHIN 30 DAYS OF THE AO WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN PLAN FOR COMPLETION AND IMPLEMENTATION OF A PPP WITHIN THE SHORT- REASONABLE TIME, INCLUDING A DETAILED DESCRIPTION OF THE SPECIFIC ACTIONS TO BE TAKEN AND A PROPOSED DATE OF COMPLETION AND IMPLEMENTATION.

Defendants (1)

• MIKE WHITELEYNamed in complaintNamed in settlement

Facilities (1)

• MIKE WHITELEY DAIRY

  RT 2, BOX 549, MOUNT VERNON, TX, 75457

  Registry ID: 110010734839

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MIKE WHITELEY DAIRYentered 1998-03-31

  Primary law: CWA

Timeline (5 milestones)

• 1998-03-31Complaint Filed/Proposed Order
• 1998-03-31Final Order Issued
• 1998-04-06Enforcement Action Data Entered
• 1998-06-12Compliance Achieved
• 1998-06-12Enforcement Action Closed