EPA v. AUSTIN, TEXAS, 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 AUSTIN FACILITY: SANITARY SEWER LIFT STATION (BRUSHY CREEK) BRUSHY CREEK AND COUNTY ROAD 174 AUSTIN, TRAVIS COUNTY, TEXAS 78767 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY THE UNAUTHORIZED DISCHARGES OF UNTREATED WASTEWATER FROM THE FACILITY WHICH CAUSED A FISH KILL AND OTHER POTENT- IAL CONSEQUENCES DOWNSTREAM OF THE DISCHARGE POINT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) TO THE RESPONDENT THAT ORDERED THE RESPONDENT TO: A) WITHIN 30 DAYS, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED AND SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN AND HOW THEY WILL PREVENT RECURRENCE, B) WITHIN 30 DAYS, SUB- MIT A DETAILED REPORT REGARDING THE UNAUTHORIZED DIS- CHARGE OF AN ESTIMATED 170,000 GALLONS OF UNTREATED WASTEWATER TO BRUSHY CREEK FROM FACILITY NO. TXU0001148 ON JUL. 13 AND 14 THAT INCLUDES DETAILS OF ANY REMEDIAL MEASURES TAKEN IN RESPONSE TO THE DISCHAGRE, C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST TIME POSSIBLE, AND D) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• AUSTIN, TEXAS, CITY OFNamed in complaintNamed in settlement

Facilities (2)

• AUSTIN, CITY OF (BRUSHY CREEK)

  BRUSHY CREEK AND COUNTY RD 174, AUSTIN, TX, 78767

  Registry ID: 110010656094

• GOVALLE WASTEWATER TREATMENT PLANT

  911 LINGER LANE, AUSTIN, TX, 78721

  Registry ID: 110000503312

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• AUSTIN, CITY OFentered 1998-09-11

  Primary law: CWA

Timeline (4 milestones)

• 1998-09-11Complaint Filed/Proposed Order
• 1998-09-11Final Order Issued
• 1998-10-08Enforcement Action Data Entered
• 2009-10-20Enforcement Action Closed