EPA v. DIBOLL, CITY OF, A TEXAS PERMITTEE
Unilateral Administrative Order Without Adjudication
Case summary
1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. CITY OF DIBOLL, A TEXAS MUNICIPALITY ADJACENT TO WHITE OAK CREEK, APPROX. 1500' WEST OF THE CROSSING OF WHITE OAK CREEK, BY U.S. HIGHWAY 59, SOUTH OF DIBOLL, ANGELINA COUNTY, TEXAS 75941 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM THE 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 THE RESPONDENT AN ADMINISTRATIVE ORDER (AO). 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 CITED AND EXPLAIN HOW THEY WILL PREVENT RECURRENCE, AND C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME.
Defendants (1)
- DIBOLL, CITY OFNamed in settlement
Facilities (1)
DIBOLL CITY OF
400 KENLEY, DIBOLL, TX, 75941
Registry ID: 110005027381
Statutes cited
- CWA 301 — NPDES Discharge without a Permit
Enforcement conclusions (1)
DIBOLL, CITY OFentered 1999-02-12
Primary law: CWA
Timeline (5 milestones)
- 1999-02-12Complaint Filed/Proposed Order
- 1999-02-12Final Order Issued
- 1999-03-08Enforcement Action Data Entered
- 1999-04-29Compliance Achieved
- 1999-04-29Enforcement Action Closed
Case metadata
- EPA activity ID
- 38941
- Case number
- 06-1999-0270
- Lead agency
- EPA
- HQ division
- WAT
- Branch
- 6RC-E
- EPA region
- 06
- Multimedia
- No
- Voluntary self-disclosure
- No
- Primary statute
- NPDES Discharge without a Permit
Sourced verbatim from EPA ECHO Enforcement Case Report for case 06-1999-0270 . Bulk data: ICIS-FEC download summary.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.