EPA v. MARSHALL, 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. THE CITY OF MARSHALL, A TEXAS MUNICIPALITY 1800' SOUTHEAST OF THE INTERSECTION OF INTERSTATE 20 AND FIVE NOTCH ROAD MARSHALL, HARRISON COUNTY, TEXAS 75671 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM POINTS NOT AUTHORIZED BY ITS PERMIT AND FAILING TO REPORT THOSE INSTANCES OF NONCOM- PLIANCE. 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 CORRECTIVE 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) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT WITH INFORMATION PERTAINING TO ALL BYPASSES OR OVERFLOW OCCURRING AT THE TREATMENT WORKS AND/OR THE COLLECTION SYSTEM SINCE JAN. 1, 1996; AND D) IF NOT POSSIBLE TO COR- RECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME.

Defendants (1)

• MARSHALL, THE CITY OFNamed in settlement

Facilities (1)

• MARSHALL CITY OF SOUTHSIDE

  PO BOX 698, MARSHALL, TX, 75670

  Registry ID: 110010779121

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MARSHALL, THE CITY OFentered 2000-02-22

  Primary law: CWA

Timeline (4 milestones)

• 2000-02-22Complaint Filed/Proposed Order
• 2000-02-22Final Order Issued
• 2000-03-03Enforcement Action Data Entered
• 2009-10-20Enforcement Action Closed