EPA v. POTTSBORO, THE CITY OF
Unilateral Administrative Order Without Adjudication
Case summary
1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. THE CITY OF POTTSBORO, A TEXAS MUNICIPALITY COUNTY LINE ROAD AT LITTLE MINERAL CREEK POTTSBORO, GRAYSON COUNTY, TEXAS 75076 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. 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 REVISED COPIES OF DMRS FOR THE TIME PERIOD JAN. 1996 TO PRESENT, B) WITHIN 30 DAYS, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED, C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS AND EXPLAINING HOW THEY WILL PRE- VENT RECURRENCE, AND D) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COM- PREHENSIVE PLAN TO DO SO IN THE SHORTEST TIME POSSIBLE.
Defendants (1)
- POTTSBORO, THE CITY OFNamed in complaintNamed in settlement
Facilities (1)
POTTSBORO, THE CITY OF
COUNTY LINE RD AT LITTLE MINERAL CREEK, POTTSBORO, TX, 75076
Registry ID: 110010734599
Statutes cited
- CWA 301 — NPDES Discharge without a Permit
Enforcement conclusions (1)
POTTSBORO, THE CITY OFentered 1998-10-30
Primary law: CWA
Timeline (4 milestones)
- 1998-10-30Complaint Filed/Proposed Order
- 1998-10-30Final Order Issued
- 1998-11-10Enforcement Action Data Entered
- 2002-07-10Enforcement Action Closed
Case metadata
- EPA activity ID
- 38724
- Case number
- 06-1999-0044
- Lead agency
- EPA
- HQ division
- WAT
- Branch
- 6EN-L
- EPA region
- 06
- Multimedia
- No
- Voluntary self-disclosure
- No
- Primary statute
- NPDES Discharge without a Permit
Sourced verbatim from EPA ECHO Enforcement Case Report for case 06-1999-0044 . Bulk data: ICIS-FEC download summary.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.