EPA v. HENDERSON, 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 HENDERSON, A TEXAS MUNICIPALITY 1/2 MILE SOUTH OF THE CITY LIMITS, WEST OF FM ROAD 225 HENDERSON, RUSK COUNTY, TEXAS 75652 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY: 1) DISCHARGING POLLUTANTS FROM POINTS OTHER THAN THOSE AUTHORIZED BY ITS PERMIT; AND 2) FAILING TO REPORT THE UNAUTHORIZED DISCHARGES. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER (AO) THAT REQUUIRED THE RESPONDENT TO: A) WITHIN 30 DAYS, TAKE WHAT EVER CORRECTIVE ACTION IS NECESSARY TO ELIMINATE AND PREVENT 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 THE BYPASSES OR OVER- FLOW OCCURRING AT THE TREATMENT WORKS AND/OR THE COLLECT- ION SYSTEM SINCE JAN. 1, 1997, INCLUDING THE UNAUTHORIZED DISCHARGE OF APR. 5, 1999; D) 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; AND E) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• HENDERSON, THE CITY OFNamed in settlement

Facilities (1)

• HENDERSON CITY OF WWTP

  1/2 M S OF THE CITY LIMITS, W OF FM RD 225, HENDERSON, TX, 75652

  Registry ID: 110010579490

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• HENDERSON, THE CITY OFentered 2000-03-15

  Primary law: CWA

Timeline (4 milestones)

• 2000-03-15Complaint Filed/Proposed Order
• 2000-03-15Final Order Issued
• 2000-04-05Enforcement Action Data Entered
• 2009-10-20Enforcement Action Closed