EPA v. PLAINVIEW, 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 PLAINVIEW, A TEXAS MUNICIPALITY NEXT TO RUNNING WATER DRAW, APPROXIMATELY 2 MILES SOUTH- EAST OF THE INTERSECTION OF U.S. HIGHWAY 70 AND STATE HIGHWAY LOOP 445 PLAINVIEW, HALE COUNTY, TEXAS 79072 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY: 1) DISCHARGING POLLUTANTS FROM ITS FACILITY THAT EXCEEDED PERMITTED EFFLUENT LIMITATIONS; AND 2) BEING OUT OF COM- PLIANCE WITH THE TOXICITY LIMITATIONS OF ITS PERMIT. 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 CORRECTIVE ACTION TO ELIMINATE AND PREVENT RE- CURRENCE OF THE VIOLATIONS CITED; B) WITHIN 30 DAYS, SUB- MIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS AND EXPLAIN HOW THE 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; AND D) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• PLAINVIEW, THE CITY OFNamed in settlement

Facilities (1)

• PLAINVIEW, CITY OF WWTP

  NEXT TO RUNNING WATER DRAW, 2 M SE OF INTX US HWY, PLAINVIEW, TX, 79072

  Registry ID: 110010660178

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PLAINVIEW, THE CITY OFentered 2000-09-20

  Primary law: CWA

Timeline (4 milestones)

• 2000-09-20Complaint Filed/Proposed Order
• 2000-09-20Final Order Issued
• 2000-09-29Enforcement Action Data Entered
• 2012-05-07Enforcement Action Closed