EPA v. EAST TEXAS ELECTRIC COOPERATIVE, INC. A TEXAS CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. EAST TEXAS ELECTRIC COOPERATIVE, INC., A TEXAS CORP. AND P.O. BOX 63123, NACOGDOCHES, NACOGDOCHES COUNTY, TEXAS 75961 AND CORNELIUS-PIERCE CONSULTING ENGINEERS, INC., A TEXA CORP. 9020 HIGHWAY 377 SOUTH FORT WORTH, TARRANT COUNTY, TEXAS 76126 FACILITY: EAST TEXAS PROJECT IN ALTO, TEXAS TO JACKSON- VILLE, TEXAS, AND IN CROCKETT, TEXAS 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO MAKE A TIMELY APPLICATION FOR PERMIT COVER- AGE FOR ITS ACTIVITIES AT THE FACILITY, AND WERE NOT COV- ERED BY A NPDES PERMIT AT THE RELEVANT TIMES FOR THE RE- LEVANT ACTIVITIES. 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, AP- PLY FOR AND OBTAIN PERMIT COVERAGE AND SUBMIT A COPY OF THE APPLICATION, CONFORMATION OF COVERAGE, AND PERMIT NUMBER TO EPA; (B) WITHIN 30 DAYS, TAKE WHATEVER CORRECT- IVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES, E- LIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS, AND TO COME INTO COMPLIANCE, (C) WITHIN 30 DAYS, SUBMIT A WRIT- TEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO COR- THE VIOLATIONS AND EXPLAINING HOW THEY WILL PREVENT RE- CURRENCE AND INCLUDE A COPY OF THE SWPPP; (D) IF NOT POS- SIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, SUBMIT A PLAN TO DO SO IN THE SHORTEST TIME POSSIBLE; AND (E) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (2)

• CORNELIUS-PIERCE CONSULTING ENGINEERS, INamed in complaintNamed in settlement
• EAST TEXAS ELECTRIC COOPERATIVE, INC.Named in complaintNamed in settlement

Facilities (1)

• EAST TEXAS PROJECT

  9020 HWY 377 S, FORT WORTH, TX, 761262401

  Registry ID: 110010776179

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• EAST TEXAS ELECTRIC COOPERATIVE, INC. AND CORNELIUentered 1998-06-12

  Primary law: CWA

Timeline (5 milestones)

• 1998-06-12Complaint Filed/Proposed Order
• 1998-06-12Final Order Issued
• 1998-07-15Enforcement Action Data Entered
• 1998-11-19Compliance Achieved
• 1998-11-19Enforcement Action Closed