EPA v. BERGER DAIRY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. DOUWE BERGER BERGER DAIRY, AN ANIMAL FEEDING OPERATION ROUTE 1, P.O. BOX 13740 WINNSBORO, HOPKINS COUNTY, TEXAS 75494 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO DEVELOP AND IMPLEMENT AN APPROPRIATE POLLUTION PREVENTION PLAN BY MAY 10, 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 THE PLAN AT THE FACILITY, AND 2) WITHIN 30 DAYS OF THE AO, SUBMIT A LETTER TO EPA CERTIFYING THAT THE PLAN HAS BEEN COMPLETED AND IMPLEMENTED; OR, IF THE PERMITTEE BE- LIEVES COMPLETION AND IMPLEMENTATION OF THE PPP IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN PLAN FOR THE COMPLETION AND IMPLEMENATION OF A PPP WITHIN THE SHORTEST POSSIBLE TIME THAT INCLUDES A DE- TALED DESCRIPTION OF THE SPECIFIC ACTIONS TO BE TAKEN AND A PROPOSED DATE OF COMPLETION AND IMPLEMENTATION.

Defendants (1)

• DOUWE BERGERNamed in complaintNamed in settlement

Facilities (1)

• BERGER DAIRY

  RT 1, PO BOX 13740, WINNSBORO, TX, 75494

  Registry ID: 110010734688

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BERGER 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
• 1998-11-23Compliance Achieved
• 1998-11-23Enforcement Action Closed