EPA v. HENDERSON, 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 HENDERSON, A TEXAS MUNICIPALITY 2.3 MILES NORTH OF U.S. HIGHWAY 259, AND .8 MILES WEST OF FM ROAD 782 HENDERSON, RUSK COUNTY, TEXAS 75652 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) WITHIN 30 DAYS, SUBMIT AN ORIGINAL COPY OF THE REPORT REQUIRED BY ACTIVITY 1 OF THE PERMIT AND COMPLY WITH THE ACTIVITIES SPECIFIED AND IN ACCORDANCE WITH THE SCHEDULE CONTAINED IN THIS AO; B) IN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN AND EXPLAIN HOW THESE ACTIONS WILL PREVENT RECURRENCE; C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO; D) CONTINUE TO REPORT ALL INSTANCES OF NONCOM- PLIANCE WITH THE CWA ON A MONTHLY BASIS; AND E) COMPLY WITH THE TERMS AND CONDITIONS OF THE PERMIT.

Defendants (1)

• HENDERSON, CITY OFNamed in settlement

Facilities (1)

• HENDERSON CITY OF WWTP

  2.3 M N OF US HWY 259 AND .8 M W OFFM 782, HENDERSON, TX, 75652

  Registry ID: 110010641788

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• HENDERSON, CITY OFentered 1999-09-24

  Primary law: CWA

Timeline (4 milestones)

• 1999-09-24Complaint Filed/Proposed Order
• 1999-09-24Final Order Issued
• 1999-09-30Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed