EPA v. PALESTINE, CITY OF, A MUNICIPALITY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. CITY OF PALESTINE, A TEXAS MUNICIPALITY FACILITIES: 1. WELLS CREEK WWTF 504 NORTH QUEEN STREET 2. TOWN CREEK WWTF 3800' NORTHWEST OF CITY PALESTINE, ANDERSON COUNTY, TEXAS 75891 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY VIOLATING THE CONDITIONS OF ITS PERMIT BY HAVING UNSATIS- FACTORY FACILITY SITE REVIEW, SELF-MONITORING PROGRAM, SLUDGE HANDLING/DISPOSAL, OPERATIONS AND MAINTENANCE, AND RECORDS/REPORTS. 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 AND EXPLAIN HOW THEY WILL PREVENT RECURRENCE, C) IF NOT POSSIBLE TO COR- RECT THE VIOLATIONS WITHIN 30 DAYS, WITHIN 30 DAYS, SUB- MIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST POSSI- BLE TIME, AND D) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• PALESTINE, CITY OFNamed in settlement

Facilities (2)

• PALESTINE CITY OF (WELLS CREEK WWTF)

  504 N QUEEN ST, PALESTINE, TX, 75801

  Registry ID: 110015762370

• CITY OF PALESTINE

  TOWN CREEK WWTP, 3800 FT. NW, PALESTINE, TX, 75801

  Registry ID: 110022908362

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PALESTINE, CITY OFentered 1999-02-22

  Primary law: CWA

Timeline (5 milestones)

• 1999-02-22Complaint Filed/Proposed Order
• 1999-02-22Final Order Issued
• 1999-03-08Enforcement Action Data Entered
• 2001-07-05Compliance Achieved
• 2001-07-05Enforcement Action Closed