EPA v. CLUTE, 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 CLUTE, A TEXAS MUNICIPALITY 800 ' EAST OF THE INTERSECTION OF LAKE JACKSON ROAD AND STATE HIGHWAY 288 ON THE NORTH SIDE OF THE MISSOURI PACIFIC RAILROAD CLUTE, BRAZORIA COUNTY, TEXAS 77531 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 CITED AND EXPLAIN HOW THE ACTIONS WILL PREVENT RECURRENCE, C) IF NOT POSSI- BLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, WITHIN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST TIME POSSIBLE, D) WITHIN 30 DAYS, RE- TEST FOR WET AND SUBMIT THE RESULTS TO EPA AND SUBMIT ALL LABS REPORTS AND TESTS NOT PREVIOUSLY REPORTED TO EPA, E) CONDUCT WET TESTING OF MYSIDOPSIA BAHIA ON A QUARTERLY BASIS FOR THE LIFE OF THE PERMIT, AND F) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• CLUTE, CITY OFNamed in settlement

Facilities (1)

• CLUTE CITY OF WWTP

  800' E OF INTX LAKE JACKSON RD AND ST HWY 288, CLUTE, TX, 77531

  Registry ID: 110010644197

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CITY OF CLUTEentered 1999-06-25

  Primary law: CWA

Timeline (5 milestones)

• 1999-06-25Final Order Issued
• 1999-06-25Complaint Filed/Proposed Order
• 1999-07-01Enforcement Action Data Entered
• 1999-08-30Compliance Achieved
• 1999-08-30Enforcement Action Closed