EPA v. WHARTON COUNTY WCID #1, A TEXAS PERMITTEE

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. WHARTON COUNTY WCID #1, A TEXAS PERMITTEE BETWEEN FM ROAD 1160 AND EAST MUSTANG CREEK, 850' NORTH OF THE INTERSECTION OF FM ROAD 1160 AND U.S. HIGHWAY 59 LOUISE, WHARTON COUNTY, TEXAS 77455 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM ITS FACILITY THAT EXCEEDED PERMITTED EFFLUENT LIMITATIONS, AND FAILING TO SUBMIT DMRS FOR THE TIME PERIODS JUL. 1995, THROUGH SEPT. 1995, AND THE TIME PERIOD JAN. 1997 TO THE PRESENT. 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 TAKE TO CORRECT THE VIOLATIONS AND HOW THEY WILL PREVENT RECURRENCE, C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COM- PREHENSIVE PLAN TO DO IN THE SHORTEST REASONABLE TIME, AND D) WITHIN 30 DAYS, SUBMIT THE REQUIRED DMRS TO EPA.

Defendants (1)

• WHARTON COUNTY WCID #1Named in settlement

Facilities (1)

• WHARTON COUNTY WCID #1

  850' N OF INTX OF FM 1160 AND US HWY 59, BOX 395, LOUISE, TX, 77455

  Registry ID: 110010746782

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• WHARTON COUNTY WCID #1entered 1998-11-19

  Primary law: CWA

Timeline (4 milestones)

• 1998-11-19Complaint Filed/Proposed Order
• 1998-11-19Final Order Issued
• 1998-12-09Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed