EPA v. HARLINGEN, 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. CITY OF HARLINGEN, A TEXAS MUNICIPALITY P.O. BOX 1950 HARLINGEN, CAMERON COUNTY, TEXAS 78550 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM ITS 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 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) CONTINUE TO REPORT ALL INSTANCES OF NON- COMPLIANCE WITH THE CWA ON A MONTHLY BASIS.

Defendants (1)

• HARLINGEN, THE CITY OFNamed in settlement

Facilities (1)

• HARLINGEN CITY OF

  P.O. BOX 1950, HARLINGEN, TX, 78550

  Registry ID: 110008167946

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• HARLINGEN, THE CITY OFentered 1999-04-29

  Primary law: CWA

Timeline (4 milestones)

• 1999-04-29Complaint Filed/Proposed Order
• 1999-04-29Final Order Issued
• 1999-05-06Enforcement Action Data Entered
• 2002-07-10Enforcement Action Closed