EPA v. CACTUS, TEXAS, 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. THE CITY OF CACTUS, A TEXAS MUNICIPALITY P.O. BOX 365 CACTUS, MOORE COUNTY, TEXAS 79013 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM ITS FACILITY WITHOUT AN AC- TIVE NPDES PERMIT. 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, SUB- MIT AN NPDES PERMIT APPLICATION FOR DISCHARGES TO CACTUS PLAYA, WITHIN 30 DAYS, SUBMIT A REPORT DETAILING THE DATE, DURATION, ESTIMATED VOLUME, LOCATION, AND CAUSE OF ALL OVERFLOWS FROM THE COLLECTION SYSTEM THAT OCCURRED DURING THE TIME PERIOD JAN. 1, 1995 TO PRESENT, INCLUDING A DESCRIPTION OF ALL ACTIONS TAKEN TO MITIGATE THE EFFECTS OF THESE OVERFLOWS, C) WITHIN 30 DAYS, SUBMIT ALL ANALYTICAL DATA CHARACTERIZING THE QUALITY OF OVERFLOWS INCLUDING ANY ANALYTICAL DATA FROM SOIL OR SEDIMENT SAM- PLES TAKEN FROM AREAS AFFECTED BY THE OVERFLOWS, D) WITH- IN 30 DAYS, SUBMIT TO EPA COPIES OF ALL MONTHLY EFFLUENT REPORTS SUBMITTED TO THE TNRCC DURING THE PERIOD JAN. 1, 1995 TO PRESENT, AND E) UNTIL AN NPDES PERMIT HAS BEEN ISSUED, THE RESPONDENT WILL COMPLY WITH THE MONITORING AND REPORTING REQUIREMENTS CONTAINED IN THE AO.

Defendants (1)

• CACTUS, TEXAS, THE CITY OFNamed in complaintNamed in settlement

Facilities (1)

• CACTUS, CITY OF

  PO BOX 365, CACTUS, TX, 79013

  Registry ID: 110010655843

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CACTUS, 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
• 2000-12-14Enforcement Action Closed