EPA v. NEW BRAUNFELS UTILITIES, A TEXAS UTILITY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. NEW BRAUNFELS UTILITIES, A TEXAS UTILITY 700' SOUTHWEST OF THE CROSSING OF GRUENE LOOP ROAD OVER THE GUADALUPE RIVER NEW BRAUNFELS, COMAL COUNTY, TEXAS 78131-0289 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, TAKE CORRECTIVE ACTION TO E- LIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS; C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN AND EXPLAIN HOW THE ACTIONS WILL PREVENT RECURRENCE; D) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPRE- HENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME; E) CONTINUE TO REPORT ALL INSTANCES OF NONCOMPLIANCE WITH THE CWA ON A MONTHLY BASIS; AND F) COMPLY WITH ALL TERMS AND CONDITIONS OF THE PERMIT.

Defendants (1)

• NEW BRAUNFELS UTILITIESNamed in settlement

Facilities (1)

• NEW BRAUNFELS UTILITIES WWTP

  700' SW OF CROSSING OF GRUENE LOOP RD OVER GUADALU, NEW BRAUNFELS, TX, 781310289

  Registry ID: 110010657690

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• NEW BRAUNFELS UTILITIESentered 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
• 2001-07-09Compliance Achieved
• 2001-07-09Enforcement Action Closed