NATIONAL STANDARDS ENFORCEMENT AGENCY
ADMINISTRATOR
(Authority pursuant to 18 U.S.C. §§ 1964(a), 1510,
1512-1513 and 33 U.S.C. § 1365)
Granite Shoals, TX 78654
CEASE AND DESIST ORDER NO. 10-0507-USAG
Issued this 7th day of May, 2010
UNDER AUTHORITY PURSUANT TO
33 U.S.C. §§ 1319 & 1365
COMPLIANCE ORDER REQUIRING
united states ATTORNEY
GENERAL ERIC HOLDER, hereafter “Discharger”
United States Department of Justice
USPS CERTIFIED #____________________________________
TO CEASE AND DESIST FROM DISCHARGING IN VIOLATION
OF:
33 U.S.C. §§ 1251(d), 1311, 1312, 1313, 1316, 1317,
1318, 1321(b)(3), 1328, OR 1345 OF THE UNITED STATES CODE TITLE 33 CHAPTER 26 -
WATER POLLUTION PREVENTION AND CONTROL (“CHAPTER”), OR ANY CONDITION OF LIMITATION
IMPLEMENTING ANY OF SUCH SECTIONS IN A PERMIT ISSUED UNDER SECTION 1342 OR ANY
REQUIREMENT IMPOSED IN A PRETREATMENT PROGRAM APPROVED UNDER SECTION 1342(a)(3)
OR 1342(b)(8) OF THE CHAPTER, OR NEGLIGENTLY OR KNOWINGLY INTRODUCES INTO A
SEWER SYSTEM OR INTO A PUBLICLY OWNED TREATMENT WORKS ANY POLLUTANT OR
HAZARDOUS SUBSTANCE WHICH SUCH PERSON (“DISCHARGER”) KNOWS OR REASONABLY SHOULD
HAVE KNOWN COULD CAUSE PERSONAL INJURY OR PROPERTY DAMAGE, HEREIN AFTER
COLLECTIVELY REFERRED TO AS “33 U.S.C. §
1365(f)”.
The
National Standards Enforcement Agency (hereinafter “Administrator”) finds:
1.
The
above named Discharger, having authority authorized under 33 U.S.C. § 1251(d), is
unlawfully discharging pollutants pursuant to 33 U.S.C. § 1365(f).
2.
Case identifier and legal description of said discharging
source in violation is:
|
Permit?
|
No Yes;
(Issuing Agency: STATE ADEQ /
|
|
Source of
Violation:
Street
Address:
Type of
Discharge:
Violation Start
Date:
Total Days of
Discharge Violation:
|
UNITED STATES; PUBLICLY
OWNED TREATMENT WORKS ABSENT PRETREATMENT REQURIEMENTS IMPLIMENTED / OWTS
ABSENT BADCT REQUIREMENTS CONSTITUTING UNLAWFUL DISCHARGES UNITED STATES/JURISDICTION
– WIDE VIOLATIONS
OWTS; POTW; Other: APPROX 120 MILLION UNLAWFUL
DISCHARGES
OVER 33 YEARS
UNLAWFUL; Currently
discharging? Yes
12,000 PLUS
|
3.
The
discharge herein referenced is subject to statutory compliance with 33 U.S.C. §
1251 et seq. (aka Clean Water Act) and more specifically 33 U.S.C. § 1311(a)
pursuant to 33 U.S.C. § 1365(f) and enforced under 33 U.S.C. § 1319.
4.
33
U.S.C. § 1311(a) states:
(a) Illegality of pollutant
discharges except in compliance with law
Except as in compliance with this section and sections 1312,
1316,
1317,
1328,
1342,
and 1344
of this title, the discharge of any pollutant by any person shall be unlawful.
5.
The
above named Discharger shall comply with this order within 30 days
pursuant to U.S.C. § 1319(a)(5)(A), hereafter known as the “compliance date”.
6.
Failure
to comply within 30 days will require the above named Discharger to make a good
faith commitment in the form of an executed contract or other securities of
necessary resources to achieve compliance by the earliest possible date after
the compliance date pursuant to U.S.C. § 1319(a)(5)(B).
IT
IS HEREBY ORDERED THAT, pursuant to 33 U.S.C. §
1365(f), the above named person shall comply with 33 U.S.C. § 1311(a)
in accordance with the following schedule:
1.
Provide
an executed contract with an acceptable provider of technology, within 30 days,
to enable compliance; or alternatively,
2.
Execute
the Discharger’s Acknowledgement to provide a lien on above legally defined
property(s) located within above defined jurisdiction within 30 days in the
amount of $25,000 each to the benefit of:
New Water Source Utilities – LHC [Bus
License #10-00020774]
PMB 107
Failure
to execute the below “Discharger’s Acknowledgement” to comply with provisions
of this Order may subject the Discharger to further enforcement action and
referral to the undersigned Private Attorney General for injunctive relief and
civil and or criminal liability.
I, Dee Thomas
Murphy, Department of Justice, of the National Standards Enforcement
Agency, do hereby certify the foregoing is a full, true, and correct copy of an
Order adopted by the National Standards Enforcement Agency on this 7th day of May, 2010.
Private
Attorney General / Criminal Investigator
Discharger’s Acknowledgement; (18 U.S.C. 1503, 1512-13, 1964(a) & 33 USC 1251(e), 1365)
Intent to Comply:
_________________________________
STATE OF ARIZONA
) SS:
_______________________________________
Notary Public
Print Name:
______________________ seal
