EPA v. PEARLAND, THE 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. THE CITY OF PEARLAND, A TEXAS MUNICIPALITY 1092 1/2 BARRY ROSE, IMMEDIATELY WEST OF CLEAR CREEK PEARLAND, BRAZORIA COUNTY, TEXAS 77581 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, 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 EXPLAIN HOW THEY WILL PREVENT RECURRENCE, AND C) ACCOMPLISH THE FOL- LOWING TASKS AND COMPLY WITH THE FOLLOWING SCHEDULE OF ACTIVITIES: 1. COMPLETE SANITARY SEWER REHABILITATION PROGRAM BY JAN. 1, 2003; 2. SWEC WWTP CONSTRUCTION BY JUL. 1, 1999; 3. LONGWOOD WWTP IMPROVEMENTS BY OCT. 1, 1999; 4. BARRY ROSE WWTP IMPROVEMENTS COMPLETED BY AUG. 1, 1999; AND 5. ATTAIN COMPLIANCE BY FEB. 1, 2003.

Defendants (1)

• PEARLAND, THE CITY OFNamed in settlement

Facilities (1)

• BARRY ROSE WASTEWATER TREATMENT PLANT

  1902 1/2 BARRY ROSE ROAD, PEARLAND, TX, 77588

  Registry ID: 110000504062

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PEARLAND, THE 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
• 2004-05-05Enforcement Action Closed