EPA v. WELSH, THE TOWN OF, A LOUISIANA MUNICIPALITY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. TOWN OF WELSH, A LOUISIANA MUNICIPALITY ELIZABETH STREET APPROXIMATELY ONE MILE SOUTH OF HIGHWAY 90, P.O. BOX 786 WELSH, JEFFERSON PARISH, LOUISIANA 70591 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM ITS FACILITY THAT EXCEEDED PERMITTED EFFLUENT LIMITATIONS, AS SHOWN IN THE CERTIFIED DMRS FILED WITH EPA. 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, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS; (B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS AND EXPLAINING HOW THEY WILL PREVENT RECURRENCE; (C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, SUBMIT A PLAN TO DO SO IN THE SHORTEST TIME POSSIBLE; (D) COMPLETE CONSTRUCTION BY AUG. 1, 1998; (E) EFFICIENTLY OPERATE AND MAINTAIN THE EXISTING TREATMENT WORKS SO AS TO DISCHARGE EFFLUENT WHICH DOES NOT EXCEED THE INTERIM EFFLUENT LIMITATIONS ; (F) ON AUG. 1, 1998, REPORT COMPLIANCE OR NON-COMPLIANCE WITH REQUIREMENT D; (G) SUBMIT CONSTRUCTION PROGRESS FOR EACH MONTH UNTIL AUG. 1998 OR COMPLETION OF THE PROPOSED IMPROVEMENTS; (H) REPORT ALL INSTANCES OF NONCOMPLIANCE WITH INTERIM EFFLUENT LIMITATIONS; AND (I) WITHIN 45 DAYS ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• WELSH, THE TOWN OFNamed in complaintNamed in settlement

Facilities (1)

• WELSH, TOWN OF

  ELIZABETH STREET APPROX. 1 M S OF HWY 90, WELSH, LA, 70591

  Registry ID: 110008974324

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• WELSH, THE TOWN OFentered 1998-06-30

  Primary law: CWA

Timeline (5 milestones)

• 1998-06-30Final Order Issued
• 1998-06-30Complaint Filed/Proposed Order
• 1998-07-15Enforcement Action Data Entered
• 2000-04-03Compliance Achieved
• 2000-04-03Enforcement Action Closed