EPA v. TYLER, CITY OF, A TEXAS PERMITTEE

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. CITY OF TYLER 3.8 MILES WEST-NORTHWEST OF THE INTERSECTION OF STATE HIGHWAY LOOP 323 AND U.S. HIGHWAY 69 TYLER, SMITH COUNTY, TEXAS 75710 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY ALLOWING UNPERMITTED OVERFLOWS TO OCCUR FROM VARIOUS LOCATIONS IN THE COLLECTION SYSTEM. 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 AND SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN AND EXPLAIN HOW THEY WILL PREVENT RECURRENCE, B) WITHIN 30 DAYS, SUB- MIT WRITTEN REPORTS THE UNAUTHORIZED DISCHARGES REPORTED BY PHONE, C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE WRITTEN PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME, AND D) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• TYLER, CITY OFNamed in settlement

Facilities (1)

• TYLER CITY OF WWTP

  SH LOOP 323 AND US HWY 69, TYLER, TX, 75702

  Registry ID: 110010656370

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• TYLER, CITY OFentered 1998-11-24

  Primary law: CWA

Timeline (4 milestones)

• 1998-11-24Complaint Filed/Proposed Order
• 1998-11-24Final Order Issued
• 1998-12-29Enforcement Action Data Entered
• 2009-10-20Enforcement Action Closed