EPA v. NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT #5

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT #5, A TEXAS MUNICIPALITY CROSSING OF BANQUETE CREEK BY COUNTY ROAD 40 BANQUETE, NUECES COUNTY, TEXAS 78339 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO KEEP RECORD OF TIME, DATE, AND LOCATION OF SAMPLING OR THE IDENTITY OF THE INDIVIDUAL TAKING SAM- PLES. 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) BEGIN A PROGRAM OF IN- CREASED MONTITORING FOR A PERIOD OF 6 MONTHS, SUBMITTING TO EPA, ALL DOCUMENTS USED TO PREPARE THE DMRS, B) BEGIN A PROGRAM OF REPRESENTATIVE SAMPLING, SUBMITTING THIS PROGRAM TO EPA, MAINTAIN RECORDS OF THE DATE, TIME, PLACE AND IDENTITY OF THE SAMPLER AND INCLUDE THESE RECORDS WITH THE INCREASED MONITORING REPORT.

Defendants (1)

• NUECES COUNTY WATER CONTROL AND IMPROVEMNamed in settlement

Facilities (1)

• NUECES COUNTY WCID NO. 5

  COUNTY ROAD 40, BANQUETE, TX, 78339

  Registry ID: 110009779490

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRIentered 1999-03-18

  Primary law: CWA

Timeline (4 milestones)

• 1999-03-18Complaint Filed/Proposed Order
• 1999-03-18Final Order Issued
• 1999-03-31Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed