EPA v. CLUTE, 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. CITY OF CLUTE, A TEXAS MUNICIPALITY APPROX. 800' EAST OF THE INTERSECTION OF LAKE JACKSON ROAD AND STATE HIGHWAY 288, ON THE NORTH SIDE OF THE MISSOURI PACIFIC RAILROAD CLUTE, BRAZORIA COUNTY, TEXAS 77531 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM ITS FACILITY THAT EXCEEDED PERMITED EFFLUENT LIMITATIONS AND, FAILING TO SUBMIT CERTIFIED DMRS FOR THE MONTH OF JUL. 1998, AND FAILING TO REPORT OVERFLOW OCCURRANCES. 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 TIME POSSIBLE.

Defendants (1)

• CLUTE, CITY OFNamed in settlement

Facilities (1)

• CLUTE CITY OF WWTP

  800' E OF INTX LAKE JACKSON RD AND ST HWY 288, CLUTE, TX, 77531

  Registry ID: 110010644197

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CLUTE, CITY OFentered 1998-11-18

  Primary law: CWA

Timeline (5 milestones)

• 1998-11-18Complaint Filed/Proposed Order
• 1998-11-18Final Order Issued
• 1998-12-07Enforcement Action Data Entered
• 1999-08-30Compliance Achieved
• 1999-08-30Enforcement Action Closed