EPA v. RAINBOW DAIRY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. HENDRIK DE WITTE RAINBOW DAIRY, AN ANIMAL FEEDING OPERATION ROUTE 2, P.O. BOX 157 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 MAY 5, 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 PREVENT PLAN (PPP) AND MAINTAIN THE IT AT THE FACILITY, AND B) WITHIN 30 DAYS OF THE AO, SUBMIT TO EPA A LETTER CERTIFYING THAT THE PLAN HAS BEEN COMPLETED AND IMPLEMENTED; OR, IF THE RESPONDENT BELIEVES COMPLETION AND IMPLEMENTATION IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN PLAN FOR THE COMPLETION AND IMPLEMEMTATION OF A PPP WITHIN THE SHORTEST REASONABLE TIME, INCLUDING A DE- TAILED DESCRIPTION OF THE SPECIFIC ACTIONS TO BE TAKEN AND A PROPOSED DATE OF COMPLETION AND IMPLEMENTATION.

Defendants (1)

• HENDRIK DE WITTENamed in complaintNamed in settlement

Facilities (1)

• RAINBOW DAIRY

  RT 2, PO BOX 157, SULPHUR SPRINGS, TX, 75482

  Registry ID: 110010644106

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• RAINBOW 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
• 1998-06-30Compliance Achieved
• 1998-06-30Enforcement Action Closed