EPA v. HARLINGEN, THE CITY OF, A TEXAS MUNICIPALITY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. CITY OF HARLINGEN, A TEXAS MUNICIPALITY P.O. BOX 1950 HARLINGEN, CAMERON COUNTY, TEXAS 78550 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 ORDERED 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 CORECT THE VIOLATIONS AND EXPLAINING WHY SUCH ACTIONS WILL PREVENT RECURRENCE, C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO CORRECT AND PREVENT THE RECURRENCE OF THE VIOLATIONS IN THE SHORTEST TIME POSS- IBLE, AND D) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• HARLINGEN, THE CITY OFNamed in complaintNamed in settlement

Facilities (1)

• HARLINGEN CITY OF

  P.O. BOX 1950, HARLINGEN, TX, 78550

  Registry ID: 110008167946

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• HARLINGEN, THE CITY OFentered 1998-08-31

  Primary law: CWA

Timeline (4 milestones)

• 1998-08-31Complaint Filed/Proposed Order
• 1998-08-31Final Order Issued
• 1998-09-10Enforcement Action Data Entered
• 2002-06-27Enforcement Action Closed