EPA v. TXU ELECTRIC COMPANY, A TEXAS CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. TXU ELECTRIC COMPANY, A TEXAS CORPORATION NORTH BANK OF FAIRFIELD LAKE ON FM ROAD 2570 FAIRFIELD, FIRESTONE COUNTY, TEXAS 75840 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM ITS FACILITY THAT EXCEEDED PERMITTED EFFLUENT LIMITATIONS. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENT TO: A) SUBMIT COPIES OF ALL RE- PORTS REQUIRED BY THE PERMITTO EPA AND TO THE TNRCC; B) WITHIN 30 DAYS, TAKE CORRECTIVE ACTION TO ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED; C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN AND EXPLAIN HOW THE ACTIONS WILL PREVENT RECURRENCE; D) 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; E) REPORT COMPLI- ANCE OR NON-COMPLIANCE WITH THE REQUIREMENTS OF (B) NO LATER THAN 14 DAYS FOLLOWIING THE DATE OF A SPECIFIC ACTION TO EPA AND THE TNRCC; F) CONTINUE TO REPORT ALL INSTANCES OF NONCOMPLIANCE WITH THE CWA ON A MONTHLY BASIS TO EPA AND THE TNRCC; AND G) COMPLY WITH ALL TERMS AND CONDITIONS OF THE PERMIT.

Defendants (1)

• TXU ELECTRIC COMPANYNamed in settlement

Facilities (2)

• TXU BIG BROWN STEAM ELECTRIC STATION & LIGNITE MINE

  FM 2570, FAIRFIELD, TX, 75840

  Registry ID: 110000598988

• TXU BIG BROWN STEAM ELECTRIC STATION & LIGNITE MINE

  FM 2570, FAIRFIELD, TX, 75840

  Registry ID: 110000598988

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• TXU ELECTRIC COMPANYentered 2000-12-18

  Primary law: CWA

Timeline (4 milestones)

• 2000-12-18Complaint Filed/Proposed Order
• 2000-12-18Final Order Issued
• 2001-01-02Enforcement Action Data Entered
• 2012-05-04Enforcement Action Closed