EPA v. NOME, TEXAS, 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 NOME, A TEXAS MUNICIPALITY ADJACENT TO COTTON CREEK APPROXIMATELY 1/2 MILE NORTH OF NOME, JEFFERSON COUNTY, TEXAS 77620 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM ITS FACILITY WHICH 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 DMRS FOR THE TIME PERIODS OCT. 1, 1996 THROUGH JUN. 30, 1997, AND JUN. 1, 1998 THROUGH JUN. 30, 1998, AND SIGN THE DMRS IN INK, B) WITHIN 30 DAYS, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED, C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS AND EXPLAIN HOW THEY WILL PREVENT RECURRENCE, AND D) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COM- PREHENSIVE PLAN TO DO SO IN THE SHORTEST REASONABLE TIME.

Defendants (1)

• NOME, TEXAS, THE CITY OFNamed in settlement

Facilities (1)

• NOME, CITY OF

  ADJACENT TO COTTON CREEK, 1/2 M N OF, NOME, TX, 77629

  Registry ID: 110010697665

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• NOME, TEXAS, THE CITY OFentered 1999-01-14

  Primary law: CWA

Timeline (5 milestones)

• 1999-01-14Complaint Filed/Proposed Order
• 1999-01-14Final Order Issued
• 1999-01-29Enforcement Action Data Entered
• 1999-06-29Compliance Achieved
• 1999-06-29Enforcement Action Closed