EPA v. MCALLEN, 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 MCALLEN, A TEXAS MUNICIPALITY FACILITIES: 1. 4100 IDELA 2. 2100 EAST SPRAGUE MCALLEN, HIDALGO COUNTY, TEXAS 78501 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY THE UNPERMITTED DSCHARGES OF POLLUTANTS FROM LOCATIONS OTHER THAN THOSE AUTHORIZED BY THE PERMITS. 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) IF NOT POSSIBLE TO CORRECT AND ELIMINATE THE VIOLATIONS WITHIN 30 DAYS, WITH IN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST REASONALE TIME.

Defendants (1)

• MCALLEN, THE CITY OFNamed in settlement

Facilities (2)

• MCALLEN CITY OF

  4100 IDELA, MC ALLEN, TX, 78503

  Registry ID: 110000502162

• MCALLEN CITY OF STP 3 N

  2100 E SPRAGUE, MC ALLEN, TX, 78501

  Registry ID: 110010782117

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MCALLEN, 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
• 2001-04-26Compliance Achieved
• 2001-04-26Enforcement Action Closed