EPA v. MOODY, 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 MOODY, A TEXAS MUNICIPALITY APPROX. 1500' NORTHWEST OF THE INTERSECTION OF STATE HIGHWAY 317 AND FM ROAD 107 MOODY, MCLENNAN COUNTY, TEXAS 76557 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, AND FAILING TO SUBMIT DMRS. 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 CITED, B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC AC- TIONS TAKEN TO CORRECT THE VIOLATIONS AND EXPLAINING HOW THEY WILL PREVENT RECURRENCE, C) IF NOT POSSIBLE TO COR- RECT THE VIOLATIONS WITHIN 30 DAYS, WITHIN 30 DAYS SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST TIME POSS- IBLE, AND D) WITHIN 30 DAYS, SUBMIT THE REQUIRED DMRS TO EPA.

Defendants (1)

• MOODY, THE CITY OFNamed in complaintNamed in settlement

Facilities (1)

• MOODY CITY OF

  1500' NW OF INTX STATE HWY 317 AND FM ROAD 107, MOODY, TX, 76557

  Registry ID: 110009781218

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MOODY, THE CITY OFentered 1998-10-30

  Primary law: CWA

Timeline (5 milestones)

• 1998-10-30Complaint Filed/Proposed Order
• 1998-10-30Final Order Issued
• 1998-11-04Enforcement Action Data Entered
• 1998-12-18Compliance Achieved
• 1998-12-18Enforcement Action Closed