EPA v. WEST TAWAKONI, 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 WEST TAWAKONI, A TEXAS MUNICIPALITY SHORE OF LAKE TAWAKONI, 1.5 MILES SOUTH OF FM ROAD 35 AND 7 MILES EAST WEST TAWAKONI, HUNT COUNTY, TEXAS 75474 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, FAILING TO SUBMIT DMRS FOR THE TIME PERIOD OCT. 1997 TO THE PRESENT, AND BY FAILING TO SUBMIT THE QUARTERLY FECAL COLIFORM DMR SINCE THE EFFECTIVE PER- MIT ISSUANCE DATE. 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 TRHE 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, SUB- MIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST TIME POSSIBLE, AND D) WITHIN 30 DAYS, SUBMIT THE REQUIRED DMRS TO EPA.

Defendants (1)

• WEST TAWAKONI, THE CITY OFNamed in complaintNamed in settlement

Facilities (1)

• WEST TAWAKONI CITY OF

  RT 1 BOX 354, QUINLAN, TX, 75474

  Registry ID: 110010757617

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• WEST TAWAKONI, THE CITY OFentered 1998-10-30

  Primary law: CWA

Timeline (4 milestones)

• 1998-10-30Final Order Issued
• 1998-10-30Complaint Filed/Proposed Order
• 1998-11-10Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed