EPA v. LUMBERTON MUNICIPAL UTILITY DISTRICT

Case summary

1. SECTIONS 308(A0 AND 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTIONS 1318(A) AND 1319(A). 2. LUMBERTON MUNICIPAL UTILITY DISTRICT, A TX. MUNICIPALITY NORTHEAST BANK OF BOGGY CREEK, 0.7 MILES SOUTH AND 0.4 MILES WEST OF THE INTERSECTION OF FM 421 AND U.S. 69 LUMBERTON, HARDIN COUNTY, TEXAS 77657 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO SUBMIT DMRS FOR 7-DAY STATIC RENEWAL, CHRONIC BIOMONITORING FOR CERIODAPHNIA DUBIA AND PIMEPHALES DUBIA, 24-HOUR STATIC SURVIVAL, ACUTE BIOMONITORING FOR DAPHNIA PULEX AND PIMEPHALES PROMELAS, AND ALUUMIUM FOR 30-DAY AVERAGE LOADING/CONCENTRATION AND DAILY MAXIMUM CONCENTRATION FOR THE PERIODS ENDING APR. 1997 AND OCT. 1997. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENT TO: A) WITHIN 30 DAYS, TAKE WHAT- EVER CORRECTIVE ACTION IS NECESSARY TO ELIMINATE AND PRE- VENT RECURRENCE OF THE VIOLATIONS CITED, B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC AC- TIONS TAKEN TO CORRECT THE VIOLATIONS AND HOW THEY WILL PREVENT RECURRENCE, AND C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS SUBMIT A COMPREHEN- SIVE PALN TO DO SO IN THE SHORTEST TIME POSSIBLE.

Defendants (1)

• LUMBERTON MUNICIPAL UTILITY DISTRICTNamed in complaintNamed in settlement

Facilities (1)

• LUMBERTON MUNICIPAL UTILITY DISTRICT

  .7 M S AND .4 M W OF THE INTX OF FM 421 AND US 69, LUMBERTON, TX, 77657

  Registry ID: 110010645926

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• LUMBERTON MUNICIPAL UTILITY DISTRICTentered 1998-09-04

  Primary law: CWA

Timeline (4 milestones)

• 1998-09-04Complaint Filed/Proposed Order
• 1998-09-04Final Order Issued
• 1998-10-05Enforcement Action Data Entered
• 2009-10-20Enforcement Action Closed