EPA v. ALPINE, 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 ALPINE, A TEXAS MUNICIPALITY 2.5 MILES NORTHEAST OF THE CITY, ON THE BANK OF THE AL- PINE CREEK ALPINE, BREWSTER COUNTY, TEXAS 79830 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) WITHIN 30 DAYS, TAKE COR- RECTIVE ACTION TO ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS; B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE ACTIONS TAKEN AND EXPLAIN HOW THE ACTIONS WILL PREVENT RECURRENCE; C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COM- PREHENSIVE 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) ALL TERMS AND CONDI- TIONS OF THE PERMIT ARE EFFECTIVE AS ISSUED AND REQUIRE FULL COMPLIANCE.

Defendants (1)

• ALPINE, CITY OFNamed in settlement

Facilities (1)

• ALPINE CITY OF

  2.5 M NE OF ALPINE ON THE BANK OF ALPINE CREEK, ALPINE, TX, 79830

  Registry ID: 110010686061

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ALPINE, CITY OFentered 1999-10-29

  Primary law: CWA

Timeline (5 milestones)

• 1999-10-29Complaint Filed/Proposed Order
• 1999-10-29Final Order Issued
• 1999-11-02Enforcement Action Data Entered
• 1999-12-23Compliance Achieved
• 1999-12-23Enforcement Action Closed