EPA v. WESTERN FARMERS ELECTRIC COOPERATIVE RAILROAD COMPANY, AN OK

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. WESTERN FARMERS ELECTRIC COOPERATIVE RAILROAD COMPANY, AN OKLAHOMA COMPANY 701 NE 7TH STREET ANADARKO, CADDO COUNTY, OKLAHOMA 73005 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA AND THE CONDITIONS OF ITS PERMIT BY HAVING A DEFICIENT STORM WATER POLLUTION PREVENTION PLAN (SWPPP) IN PLACE AT THE FACILITY AND BY FAILING TO HAVE ADEQUATE POLLUTION PREVENTION CONTROLS IN PLACE TO PREVENT DISCHARGES OF POLLUTANTS. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) TO THE RESPONDENT. THE AO ORDERED THE RESPONDENT TO: A) WITHIN 30 DAYS, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES, ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS, AND TO COME INTO COMPLIANCE, B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC AC- TIONS TAKEN TO CORRECT THE VIOLATIONS AND EXPLAINING WHY SUCH ACTIONS WILL PREVENT RECURRENCE, C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, SUBMIT A COM- PREHENSIVE PLAN TO CORRECT AND PREVENT RECURRENCE OF THE VIOLATIONS IN THE SHORTEST TIME POSSIBLE, AND D) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• WESTERN FARMERS ELECTRIC COOPERATIVE RAINamed in complaintNamed in settlement

Facilities (2)

• WESTERN FARMERS ELECTRIC COOPERATIVE ANADARKO STATION

  701 B NORTHEAST 7TH STREET, ANADARKO, OK, 73005

  Registry ID: 110001631440

• WESTERN FARMERS ELECTRIC COOPERATIVE ANADARKO STATION

  701 B NORTHEAST 7TH STREET, ANADARKO, OK, 73005

  Registry ID: 110001631440

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• WESTERN FARMERS ELECTRIC COOPERATIVE RAILROAD COMPentered 1998-08-17

  Primary law: CWA

Timeline (4 milestones)

• 1998-08-17Complaint Filed/Proposed Order
• 1998-08-17Final Order Issued
• 1998-09-09Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed