EPA v. GILMER, 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 GILMER, A TEXAS MUNICIPALITY NORTHERN BANK OF SUGAR CREEK, APPROXIMATELY 1.4 MILES EAST OF U.S. HIGHWAY 271 GILMER, UPSHUR COUNTY, TEXAS 75644 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 ORDERED THE RESPONDENT TO: A) SUBMIT THE FOLLOWING TO EPA AND TNRCC: 1) COMPLIANCE SCHEDULE PROGRESS REPORTS; 2) NONCOMPLIANCE REPORTS; AND 3) DMRS WITH AN ORIGINAL SIG- NATURE; B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DE- TAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLA- TIONS AND EXPLAIN HOW THE ACTIONSD WILL PREVENT RECUR- RENCE; C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME; D) CONTINUE TO REPORT ALL INSTANCES OF NONCOMPLIANCE WITH THE CWA ON A MONTHLY BASIS; AND E) COMPLY WITH ALL TERMS AND CONDITIONS OF THE PERMIT.

Defendants (1)

• GILMER, THE CITY OFNamed in settlement

Facilities (1)

• GILMER, CITY OF WWTP

  N BANK OF SUGAR CREEK, 1.4 M E OF US HWY 271, GILMER, TX, 75644

  Registry ID: 110010686926

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• GILMER, THE CITY OFentered 1999-08-31

  Primary law: CWA

Timeline (5 milestones)

• 1999-08-31Complaint Filed/Proposed Order
• 1999-08-31Final Order Issued
• 1999-09-08Enforcement Action Data Entered
• 1999-11-09Compliance Achieved
• 1999-11-09Enforcement Action Closed