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 400 WEST MAIN HENDERSON, RUSK COUNTY, TEXAS 75652 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM ITS FACILITIES THAT EXCEEDED PERMITTED EFFLUENT LIMITATIONS AND FAILING TO COMPLY WITH THE TERMS AND CONDITIONS OF ITS PERMITS. 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) PERFORM THE ACTIVITIES SPECIFIED IN THIS AO FOR IMPROVEMENT OF FACILTIES FOR THE SOUTHSIDE PLANT; B) PERFORM THE ACTIVITIES IN THIS AO FOR IMPROVEMENT OF FACILITIES FOR THE NORTHSIDE PLANT; C) PERFORM THE ACTIVITIES SPECIFIED IN THE AO FOR CITYWIDE IMPROVEMENT OF THE SEWER COLLECTION SYSTEM FOR THE NORTH- SIDE AND THE SOUTHSIDE PLANTS; D) REPORT COMPLIANCE OF NONCOMPLIANCE WITH THOSE REQUIREMENTS NO LATER THAN 14 DAYS FOLLOWING THE DATE OF A SPECIFIC ACTION; E) SUBMIT PROGRESS REPORTS QUARTERLY; AND F) ALL OTHER TERMS AND CONDITIONS OF THE PERMIT ARE EFFECTIVE AS ISSUED AND RE- QUIRE COMPLIANCE.

Defendants (1)

• HENDERSON, THE CITY OFNamed in settlement

Facilities (1)

• HENDERSON WASTEWATER TREATMENT PLANT

  3492 FM 225 SOUTH, HENDERSON, TX, 75654

  Registry ID: 110002348889

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• HENDERSON, THE CITY OFentered 2001-02-12

  Primary law: CWA

Timeline (4 milestones)

• 2001-02-12Complaint Filed/Proposed Order
• 2001-02-12Final Order Issued
• 2001-03-05Enforcement Action Data Entered
• 2009-04-29Enforcement Action Closed