EPA v. PLAINVIEW, CITY OF POTW

Case summary

1. SECTION 309 OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319. 2. CITY OF PLAINVIEW, A TEXAS MUNICIPALITY ADJACENT TO RUNNING WATER DRAW, 2 MILES SOUTHEAST 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(A) OF THE CWA BY VIOLATING ITS PERMIT OVER 1900 TIMES BY DISCHARGING WASTEWATER INTO WATERS OF THE U.S. IN EXCESS OF ITS PER- MITTED EFFLUENT LIMITS. 4. RELIEF SOUGHT PURSUANT TO SECTION 309 OF THE CWA, EPA SUBMITTED A DIRECT REFERRAL REQUESTING DOJ INITIATE A CIVIL ENFORCEMENT ACTION FOR INJUNCTIVE AND OTHER RELIEF AGAINST THE RESPONDENT. EPA IS SEEKING AN INJUNCTION WHICH WOULD IMPLEMENT A COMPLIANCE PLAN THAT ASSURED COM- PLIANCE BY OCT. 2003. THE PROPOSED BOTTOM-LINE PENALTY IS $419,095.

Defendants (1)

• PLAINVIEW, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• PLAINVIEW CITY OF POTW

  ADJACENT TO RUNNING WATER DRAW, 2 M SE OF INTX OF, PLAINVIEW, TX, 79072

  Registry ID: 110009779819

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PLAINVIEW, CITY OF POTWentered 2004-12-21

  Primary law: CWA

  Federal penalty: $75,000

Timeline (6 milestones)

• 2001-09-28Referred To Dept Of Justice
• 2001-10-11Enforcement Action Data Entered
• 2004-12-21Complaint Filed With Court
• 2004-12-21Concluded
• 2004-12-21Final Order Entered
• 2004-12-21Final Order Lodged