EPA v. NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT #1

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT #1 CROSSING OF BANQUETE, BY COUNTRY ROAD 40 BANQUETE, NUECES COUNTY, TEXAS 78339 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 ALL DMRS FOR THE TIME PERIOD JAN. 1, 1995 TO PRESENT, B) WITHIN 30 DAYS, SUBMIT NONCOMPLI- ANCE REPORTS FOR ALL PERMIT EXCEEDANCES THAT OCCURRED DURING THE TIME PERIOD JAN. 1, 1996 TO PRESENT, C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS, EXPLAIN HOW THEY WILL PREVENT RECURRENCE, AND INCLUDE ANY CHAIN OF CUSTODY DOCUMENTS KEPT BY THE PERMITTEE FOR SAMPLES TAKEN DURING THE TIME PERIOD JAN. 1, 1996 TO PRESENT, D) IF NOT POSSI- BLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORT- EST REASONABLE TIME, AND E) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• NUECES COUNTY WCID #1Named in settlement

Facilities (1)

• NUECES COUNTY WCID NO. 5

  COUNTY ROAD 40, BANQUETE, TX, 78339

  Registry ID: 110009779490

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRIentered 1998-11-19

  Primary law: CWA

Timeline (4 milestones)

• 1998-11-19Complaint Filed/Proposed Order
• 1998-11-19Final Order Issued
• 1998-12-10Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed