EPA v. JAMES BIRCHFIELD DAIRY - JAMES BIRCHFIELD

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. JAMES BIRCHFIELD JAMES BIRCHFIELD DAIRY, AN ANIMAL FEEDING OPERATION ROUTE 5, P.O. BOX 227 SULPHUR SPRINGS, HOPKINS COUNTY, TEXAS 75482 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO DEVELOP AND IMPLEMENT AN APPROPRIATE POLLUTION PREVENTION PLAN BY MAR. 29, 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 B) 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 COMPLET- ION AND IMPLEMENTATION OF A PPP IS NOT POSSIBLE WITHIN 30 DAYS, 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 DESCRIP- TION OF THE SPECIFIC ACTIONS TO BE TAKEN AND A PROPOSED DATE OF COMPLETION AND IMPLEMENTATION.

Defendants (1)

• JAMES BIRCHFIELDNamed in complaintNamed in settlement

Facilities (1)

• JAMES BIRCHFIELD DAIRY

  RT 5, PO BOX 227, SULPHUR SPRINGS, TX, 75482

  Registry ID: 110010734679

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• JAMES BIRCHFIELD 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
• 1998-05-07Compliance Achieved
• 1998-05-07Enforcement Action Closed