EPA v. MARLIN, TX., 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 MARLIN, A TEXAS MUNICIPALITY WEST SIDE OF AN UNNAMED COUNTY ROAD, APPROXIMATELY 2.5 MILES SOUTHWEST OF THE INTERSECTION OF STATE HIGHWAYS 6 AND 712 MARLIN, FALLS COUNTY, TEXAS 76661 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, 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, C) IF NOT POSSIBLE TO COR- RECT AND ELIMINATE THE VIOLATIONS WITHIN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST REASONABLE TIME, AND D) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• MARLIN, TX., THE CITY OFNamed in settlement

Facilities (1)

• MARLIN CITY OF

  W OF UNNAMED COUNTY RD, APPROX. 2.5 M SW OF SH 6, MARLIN, TX, 76661

  Registry ID: 110010782108

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MARLIN, TX., THE CITY OFentered 1999-01-21

  Primary law: CWA

Timeline (5 milestones)

• 1999-01-21Complaint Filed/Proposed Order
• 1999-01-21Final Order Issued
• 1999-01-29Enforcement Action Data Entered
• 2009-10-06Enforcement Action Closed
• 2009-10-06Compliance Achieved