EPA v. KILGORE, 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 KILGORE, A TEXAS MUNICIPALITY P.O. BOX 990 KILGORE, GREGG COUNTY, TEXAS 75663 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) THAT REQUIRED THE RESPONDENT TO: A) SUBMIT TO EPA AND TNRCC, ORIGINAL COPIES OF COMPLIANCE SCHEDULE PROGRESS REPORTS, NONCOMPLIANCE REPORTS, AND DMRS WITH ORIGINAL SIGNATURE, B) WITHIN 30 DAYS, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO ELIMINATE AND PREVENT RECURRENCE OF THE VIO- LATIONS CITED, C) WITHIN 30 DAYS, SUBMIT TO EPA AND TNRCC A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED AND EXPLAIN HOW THESE AC- TIONS WILL PREVENT RECURRENCE, D) 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 POSS- IBLE TIME TO EPA AND TNRCC, E) CONTINUE TO REPORT ALL IN- STANCES OF NONCOMPLIANCE WITH THE CWA ON A MONTHLY BASIS TO EPA AND TNRCC, AND F) COMPLY WITH ALL TERMS AND CONDI- TIONS OF ITS PERMIT.

Defendants (1)

• KILGORE, CITY OFNamed in settlement

Facilities (1)

• KILGORE CITY OF

  PO BOX 990, KILGORE, TX, 75662

  Registry ID: 110010654112

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• KILGORE, CITY OFentered 1999-08-31

  Primary law: CWA

Timeline (5 milestones)

• 1999-08-31Complaint Filed/Proposed Order
• 1999-08-31Final Order Issued
• 1999-09-02Enforcement Action Data Entered
• 2000-08-22Compliance Achieved
• 2000-08-22Enforcement Action Closed