EPA v. ATHENS, THE CITY OF, A TEXAS MINICIPALITY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. THE CITY OF ATHENS, A TEXAS MUNICIPALITY EAST OF ONE MILE CREEK AND APPROXIMATELY 3100' NORTHWEST OF THE INTERSECTION OF PRAIRIEVILLE STREET AND STATE HIGHWAY 19 ATHENS, HENDERSON COUNTY, TEXAS 75751 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM ITS FACILITY WHICH 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 WHAT- EVER CORECTIVE ACTION IS NECESSARY TO ELIMINATE AND PRE- VENT RECURRENCE OF THE VIOLATIONS CITED; B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC AC- TIONS 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 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 CONDITIONS OF THE PERMIT ARE EFFECTIVE AS ISSUED, AND REQUIRE FULL COMPLI- ANCE.

Defendants (1)

• ATHENS, THE CITY OFNamed in settlement

Facilities (1)

• ATHENS CITY OF

  E OF ONE MILE CREEK AND APROX. 3100' NW OF HWY 19, ATHENS, TX, 75751

  Registry ID: 110010658289

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ATHENS, THE CITY OFentered 2000-01-20

  Primary law: CWA

Timeline (5 milestones)

• 2000-01-20Complaint Filed/Proposed Order
• 2000-01-20Final Order Issued
• 2000-02-03Enforcement Action Data Entered
• 2001-11-08Compliance Achieved
• 2001-11-08Enforcement Action Closed