EPA v. MAYPEARL, THE CITY OF, A TEXAS MUNICIPALITY

Case summary

1. SECTIONS 308(A) AND 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTIONS 1318(A) AND 1319(A). 2. THE CITY OF MAYPEARL, A TEXAS MUNICIPALITY .5 MILES SOUTH OF THE INTERSECTION OF FM 66 AND FM 157 MAYPEARL, ELLIS COUNTY, TEXAS 76064 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY: 1) FAILING TO PROPERLY OPERATE AND MAINTAIN THE FACILITY SO AS TO MINIMIZE UPSETS AND DISCHARGES OF EXCESSIVE POL- LUTANTS AND ACHIEVE COMPLIANCE; AND 2) FAILING TO CONDUCT MONITORING ACCORDING TO APPROVED TEST PROCEDURES. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 309(A), OF THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER (AO( THAT ORDERED THE RESPONDENT TO: A) WITHIN 30 DAYS, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO E- LIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED; B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIIONS TAKEN AND EXPLAIN HOW THE ACTIONS WILL PREVENT RECURRENCE; AND C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPRE- HENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME.

Defendants (1)

• MAYPEARL, THE CITY OFNamed in settlement

Facilities (1)

• MAYPEARL, CITY OF MWWTP

  .5 M S OF INTX OF FM 66 AND FM 157, MAYPEARL, TX, 76064

  Registry ID: 110010650535

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MAYPEARL, THE CITY OFentered 2000-06-02

  Primary law: CWA

Timeline (4 milestones)

• 2000-06-02Complaint Filed/Proposed Order
• 2000-06-02Final Order Issued
• 2000-07-07Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed