EPA v. EMERALD FOREST UTILITY DISTRICT, A TEXAS MUNICIPALITY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. EMERALD FOREST UTILITY DISTRICT, A TEXAS MUNICIPALITY 3000' SOUTH OF GREENS BAYOU, ONE MILE EAST OF FM ROAD 1960 AND 7.5 MILES NORTH OF THE CITY LIMITS HOUSTON, HARRIS COUNTY, TEXAS 77002 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY USING AN INAPPROPRIATE FLOW MEASUREMENT DEVICE THAT RE- CORDED INCORRECT FLOW MEASUREMENTS. 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, AND C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST REA- SONABLE TIME.

Defendants (1)

• EMERALD FOREST UTILITY DISTRICTNamed in settlement

Facilities (1)

• EMERALD FOREST UTILITY DISTRIC

  300' S OF GREENE BAYOU, 1 M E OF FM 1960, 5.75 M N, HOUSTON, TX, 77002

  Registry ID: 110010656325

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• EMERALD FOREST UTILITY DISTRICTentered 1998-11-19

  Primary law: CWA

Timeline (5 milestones)

• 1998-11-19Complaint Filed/Proposed Order
• 1998-11-19Final Order Issued
• 1998-11-25Compliance Achieved
• 1998-11-25Enforcement Action Closed
• 1998-12-10Enforcement Action Data Entered