EPA v. GARRETT BRAND DAIRY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. GARRETT BRAND GARRETT BRAND DAIRY, AN ANIMAL FEEDING OPERATION ROUTE 1, P.O. BOX 381 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 MAY 12, 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 MAINTAINING IT AT THE FACILITY, AND 2) WITHIN 30 DAYS OF THE AO, SUB- MIT A LETTER TO EPA CERTIFYING THAT THE PPP HAS BEEN COM- PLETED AND IMPLEMENTED; OR, IF PERMITTEE BELIEVES COM- PLETION AND IMPLEMENTATION IS NOT POSSIBLE WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN PLAN FOR THE COMPLETION AND IMPLEMENTATION OF A PPP WITHIN THE SHORTEST REASONABLE TIME, INCLUDING A DETAILED DESCRIPTION OF THE SPECIFIC ACTIONS TAKEN AND A PROPOSED DATE OF COMPLETION AND IM- PLEMENTATION.

Defendants (1)

• GARRETT BRANDNamed in complaintNamed in settlement

Facilities (1)

• GARRETT BRAND DAIRY

  RT 1, PO BOX 381, MOUNT VERNON, TX, 75457

  Registry ID: 110010644099

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• GARRETT BRAND 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
• 1998-05-20Compliance Achieved
• 1998-05-20Enforcement Action Closed