EPA v. DIBOLL, THE CITY OF, A TEXAS MUNICIPALITY
Unilateral Administrative Order Without Adjudication
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. CITY OF DIBOLL, A TEXAS MUNICIPALITY ADJACENT TO WHITE OAK CREEK, APPROXIMATELY 1500' WEST OF THE CROSSING OF WHITE OAK CREEK BY U.S. HIGHWAY 59 DIBOLL, ANGELINA COUNTY, TEXAS 75941 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY VIOLATING THE TERMS AND CONDITIONS OF ITS PERMIT, RE- CORDS/REPORT, FLOW MEASUREMENT, SELF-MONITORING PROGRAM, SLUDGE HANDLING/DISPOSAL, OPERATION & MAINTENACE, CSO, AND POLLUTION PREVENTION REQUIREMENTS. 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 TAKEN 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, AR- RANGE TO MEET WITH EPA AND SHOW CAUSE.
Defendants (1)
- DIBOLL, THE CITY OFNamed in settlement
Facilities (1)
DIBOLL CITY OF
400 KENLEY, DIBOLL, TX, 75941
Registry ID: 110005027381
Statutes cited
- CWA 301 — NPDES Discharge without a Permit
Enforcement conclusions (1)
DIBOLL, THE CITY OFentered 2001-04-30
Primary law: CWA
Timeline (4 milestones)
- 2001-04-30Complaint Filed/Proposed Order
- 2001-04-30Final Order Issued
- 2001-05-09Enforcement Action Data Entered
- 2001-08-28Enforcement Action Closed
Case metadata
- EPA activity ID
- 41654
- Case number
- 06-2001-5106
- Lead agency
- EPA
- HQ division
- WAT
- Branch
- 6RC0E
- EPA region
- 06
- Multimedia
- No
- Voluntary self-disclosure
- No
- Primary statute
- NPDES Discharge without a Permit
Sourced verbatim from EPA ECHO Enforcement Case Report for case 06-2001-5106 . Bulk data: ICIS-FEC download summary.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.