EPA v. CLEBURNE, 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 CLEBURNE, A TEXAS MUNICIPALITY ONE MILE SOUTHWEST OF THE INTERSECTION OF STATE HIGHWAYS 174 AND 171 CLEBURNE, JOHNSON COUNTY, TEXAS 76033 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY A) FAILING TO PROPERLY PERMIT INDUSTRIAL USERS, B) FAIL- ING TO IMPLEMENT THEIR ENFORCEMENT RESPONSE PLAN, C) FAILING TO EVALUATE OT FOLLOW-UP ON SPILL CONTROL DE- FICIENCIES, AND D) FAILING TO SAMPLE AND ANALYZE. 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: 1) WITHIN 30 DAYS, SUB- MIT A CURRENT WASTEWATER FLOW DIAGRAM FOR PARKER HANNI- FIN, INC., B) WITHIN 30 DAYS, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO ELIMINATE AND PREVENT RECURENCE 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 RECUR- RENCE, D) IF NOT POSSIBLE TO CORRECT THE VIOLATINS WITHIN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST TIME POSSIBLE, AND E) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• CLEBURNE, TEXAS, THE CITY OFNamed in settlement

Facilities (1)

• CITY OF CLEBURNE

  302 W HENDERSON ST, CLEBURNE, TX, 76031

  Registry ID: 110010626965

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

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

  Primary law: CWA

Timeline (4 milestones)

• 1999-01-14Complaint Filed/Proposed Order
• 1999-01-14Final Order Issued
• 1999-01-29Enforcement Action Data Entered
• 2002-07-10Enforcement Action Closed