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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF TEXAS
`CORPUS CHRISTI DIVISION
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`UNITED STATES OF AMERICA
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`and
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`STATE OF TEXAS,
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`Plaintiffs,
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`v.
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`CITY OF CORPUS CHRISTI, TEXAS,
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`Defendant.
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`____________________________________)
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`Civil Action No.
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`Judge
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`COMPLAINT
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`The United States of America (“United States”), by authority of the Attorney General of
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`the United States, and through the undersigned attorneys, acting at the request of the
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`Administrator of the United States Environmental Protection Agency (the “EPA”), and the State
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`of Texas (“Texas” or “State of Texas”), by and through the Texas Commission on
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`Environmental Quality (the “TCEQ”), file this Complaint and allege as follows:
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`NATURE OF ACTION
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`1.
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`This is a civil action for injunctive relief and civil penalties brought under
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`Sections 309(b) and (d) of the Clean Water Act (“CWA” or “Act”), 33 U.S.C. §§ 1319 (b) and
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`(d), and under Chapter 7, §§ 7.002, 7.032, 7.101, 7.102, 7.105 and 7.108, and Chapter 26, §
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`26.001, et seq., of the Texas Water Code (“Tex. Water Code”), against the Defendant, the City of
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`Corpus Christi, Texas (“Corpus Christi” or the “City”), for: (1) failing to comply with the terms
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`and conditions of the City’s Texas Pollutant Discharge Elimination System (“TPDES”) permits
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`and (2) unpermitted and illegal discharges of pollutants in violation of the Texas Water Code.
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`2.
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`In addition, the United States seeks an order pursuant to Section 504(a) of the
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`CWA, 33 U.S.C. § 1364(a), requiring Corpus Christi to take such actions as may be necessary to
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`abate the imminent and substantial endangerment to the health of persons caused by the City’s
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`violations of the CWA and the Tex. Water Code. Subject to a reasonable opportunity for further
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`investigation and discovery, these violations have caused or contributed to high levels of bacteria
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`in recreational waters at or near beaches in and around the City.
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`3.
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`On numerous occasions since at least 2007, the City has discharged untreated
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`sewage and other harmful pollutants from the sanitary sewage collection and treatment systems
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`that are part of the City’s Publicly Owned Treatment Works (“POTW”). These discharges
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`impacted navigable waters flowing through and around Corpus Christi. Sewage was also
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`discharged onto public and private property within the City. Some of these discharges were
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`caused by the POTW’s failure to fully treat wastewaters at its six waste water treatment plants
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`(“WWTPs”). Others were caused by poor maintenance and operation of the collection systems
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`associated with those WWTPs. As a result, and as further alleged in this Complaint, Corpus
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`Christi violated: a) several terms and conditions of the TPDES permits that govern the operation
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`and maintenance of the Defendant’s POTW and b) Texas law.
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`4.
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`Untreated sewage contains organic matter, bacteria, and other potential pathogens
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`that can cause a number of diseases in humans, including, but not limited to, enteric diseases
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`such as gastroenteritis, dysentery, and cholera. The bacteria and pathogens contained in sewage
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`are also harmful to the environment, including, but not limited to, aquatic life.
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`JURISDICTION, VENUE, AUTHORITY, AND NOTICE
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`5.
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`This Court has subject matter jurisdiction over the claims made by the United
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`States in this action pursuant to Section 309(b) of the CWA, 33 U.S.C. § 1319(b), and under
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`28 U.S.C. §§ 1331, 1345, and 1355.
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`6.
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`This Court has supplemental jurisdiction over the State law claims alleged herein
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`pursuant to 28 U.S.C. § 1367(a), because the State claims are related to the federal claims and
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`form part of the same case or controversy.
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`7.
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`This Court has personal jurisdiction over the Defendant, and venue is proper in
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`the Southern District of Texas pursuant to Section 309(b) of the CWA, 33 U.S.C. § 1319(b), and
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`28 U.S.C. §§ 1391(b) and 1395(a), because this is the district where the Defendant is located and
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`where the alleged violations occurred.
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`8.
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`The Attorney General of the United States is authorized to appear and represent
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`the United States in this action pursuant to Section 506 of the CWA, 33 U.S.C. § 1366, and 28
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`U.S.C. §§ 516 and 519.
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`9.
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`The Texas Attorney General has authority to bring this action on behalf of the
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`TCEQ in accordance with Section 7.105 of the Tex. Water Code.
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`10.
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`Pursuant to Section 309(b) of the CWA, 33 U.S.C. § 1319(b), the United States
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`has notified Texas of the filing of this action.
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`PARTIES
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`11.
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`12.
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`Plaintiff, the United States, is acting at the request and on behalf of the EPA.
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`Plaintiff, the State of Texas, is acting at the request and on behalf of the TCEQ
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`and joins this action as a plaintiff, pursuant to Section 309(e) of the CWA, 33 U.S.C. § 1319(e).
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`13.
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`The State of Texas is a “State” and a “person” within the meaning of Section
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`502(3) and (5) of the CWA, 33 U.S.C. § 1362(3) and (5).
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`14.
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`Defendant Corpus Christi is a city and a political subdivision of the State of
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`Texas, created pursuant to the laws of the State of Texas. Corpus Christi is also a “municipality”
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`within the meaning of Section 502(4) of the CWA, 33 U.S.C. § 1362(4).
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`15.
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`Defendant Corpus Christi is a “person” as defined in Section 502(5) of the CWA,
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`33 U.S.C. § 1362(5), the regulations promulgated thereunder at 40 C.F.R. § 122.2, and Tex.
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`Water Code § 26.001(25).
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`STATUTES AND REGULATIONS
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`A. The Clean Water Act’s and Texas Water Code’s Prohibition of
`Unpermitted Discharges
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`16.
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`The CWA establishes a national goal of eliminating the discharge of pollutants
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`into navigable waters. 33 U.S.C. § 1251(a)(1).
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`17.
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`Section 502(7) of the CWA, 33 U.S.C. § 1362(7), defines the term “navigable
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`waters” as the waters of the United States, including the territorial seas.
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`18.
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`Section 301(a) of the CWA, 33 U.S.C. § 1311(a), prohibits the discharge of any
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`pollutant by any person except in compliance with that section, and, where applicable, the
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`requirements of a national pollutant discharge elimination system (“NPDES”) permit issued
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`pursuant to Section 402 of the CWA, 33 U.S.C. § 1342.
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`19.
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` The Texas Water Code includes a similar prohibition and provides that
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`“[e]xcept as authorized by the [TCEQ], no person may discharge any pollutant, sewage,
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`municipal waste, recreational waste, agricultural waste, or industrial waste from any point source
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`into any water in the state.” Tex. Water Code § 26.121(d); see also id. at § 26.121(a)(1).
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`20.
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`Under Tex. Water Code § 26.001(5), “water in the state” includes “groundwater,
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`percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams,
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`creeks, estuaries, wetlands, marshes, canals, the Gulf of Mexico . . . and all other bodies of
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`surface water . . . navigable or non-navigable.”
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`21.
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`Tex. Water Code § 26.001(20) defines the term “discharge” to include depositing,
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`conducting, draining, emitting, throwing, running, allowing to seep, or otherwise releasing or
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`disposing of.”
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`22.
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`Tex. Water Code § 26.001(13) defines the term “pollutant” to include sewage,
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`sewage sludge, biological materials, and municipal waste discharged into any water in the state.
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`23.
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`Tex. Water Code § 26.001(21) defines the term “point source” as “any
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`discernable, confined, and discrete conveyance, including but not limited to any pipe, ditch,
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`channel, tunnel, or conduit” from which pollutants or wastes are or may be discharged.
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`B. Federally Issued NPDES and Texas-Issued “TPDES” CWA Permits
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`24.
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`Section 402 of the CWA, 33 U.S.C. § 1342, provides that the permit-issuing
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`authority may issue an NPDES permit (or state equivalent) authorizing the discharge of
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`pollutants in compliance with Section 301 of the Act, 33 U.S.C. § 1311, subject to such
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`conditions that the EPA determines are necessary to carry out the provisions of the CWA.
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`25.
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`Under Section 402(b) of the CWA, 33 U.S.C. § 1342(b), the EPA may approve a
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`state to administer its own permit program. Pursuant to Section 402(b), the State of Texas was
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`granted NPDES permitting authority within the jurisdictional boundaries of the State on
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`September 14, 1998. Accordingly, by and through the TCEQ, the State of Texas issues TPDES
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`permits authorizing the discharge of waste or pollutants into or adjacent to water in the state,
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`pursuant to Section 26.027 of the Tex. Water Code.
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`C. The United States’ and Texas’ Clean Water Act Enforcement Authorities
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`26.
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`Section 309(b) of the CWA, 33 U.S.C. § 1319(b), authorizes the EPA “to
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`commence a civil action for appropriate relief, including a permanent or temporary injunction,”
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`when any person is in violation of any permit condition or limitation in a permit issued by a state
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`under Section 402 of the CWA, 33 U.S.C. § 1342.
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`27.
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`Pursuant to Tex. Water Code § 5.230, the executive director of the TCEQ may
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`enforce, among other things, “the terms and conditions of any permit . . . order, standard, or rule
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`by injunction or other appropriate remedy in a court of competent jurisdiction.” Pursuant to Tex.
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`Water Code § 7.002, the TCEQ may institute legal proceedings to compel compliance with the
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`relevant provisions of the Texas Water Code, rules, orders, permits or other decisions of the
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`commission. Pursuant to Tex. Water Code § 7.105, at the request of the TCEQ, the Texas
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`Attorney General “shall institute a suit in the name of the state for injunctive relief under Section
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`7.032, to recover a civil penalty, or for both injunctive relief and a civil penalty.”
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`28.
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`Section 309(d) of the CWA, 33 U.S.C. § 1319(d), provides that any person who
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`violates any permit condition or limitation in a permit issued by a state under Section 402 of the
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`CWA, 33 U.S.C. § 1342, shall be liable for civil penalties. Adjusted for inflation, civil penalties
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`of up to $32,500 per day may be assessed for each violation which takes place after March 15,
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`2004, up to $37,500 per day for each violation which takes place after January 12, 2009, and up
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`to $54,833 per day for each violation which takes place after November 2, 2015. See 40 C.F.R.
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`§ 19.4 (including amendments to that regulation promulgated at 84 Fed. Reg. 2,059 (Feb. 6,
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`2019)).
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`29.
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`Tex. Water Code § 7.102 provides “[A] person who causes, suffers, allows, or
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`permits a violation of a statute, rule, order, or permit relating to any other matter within the
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`commission’s jurisdiction to enforce . . . shall be assessed for each violation a civil penalty not
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`less than $50 nor greater than $25,000 for each day of each violation as the court or jury
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`considers proper. Each day of a continuing violation is a separate violation.”
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`D. Authority to Abate Imminent and Substantial Endangerments
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`30.
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`Section 504(a) of the CWA, 33 U.S.C. § 1364(a), provides that, notwithstanding
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`any other provision of the CWA, the EPA, “upon receipt of evidence that a pollution source or
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`combination of sources is presenting an imminent and substantial endangerment to the health of
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`persons,” may bring suit on behalf of the United States to “restrain any person causing or
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`contributing to the alleged pollution to stop the discharge of pollutants causing or contributing to
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`such pollution or to take other such action as may be necessary.”
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`GENERAL ALLEGATIONS
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`A. Corpus Christi’s Publicly Owned Wastewater Treatment Works
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`31.
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`At all times relevant to the Complaint, Defendant Corpus Christi has owned and
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`operated a “treatment works” within the meaning of CWA Section 212, 33 U.S.C. § 1292, and a
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`“publically owned treatment works” or “POTW” within the meaning of 40 C.F.R. § 403.3(q) (the
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`“Corpus Christi POTW”).
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`32.
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`Section 212 of the CWA, 33 U.S.C. § 1292, defines “treatment works” as “any
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`devices and systems used in the storage, treatment, recycling, and reclamation of municipal
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`sewage or industrial wastes of a liquid nature to implement section 1281 [of the CWA] . . .
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`including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and
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`other equipment, and their appurtenances.”
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`33.
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`EPA regulations at 40 C.F.R. § 403.3(q), define POTW as a “treatment works as
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`defined by section 212 of the [CWA], which is owned by a State or municipality (as defined by
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`section 502(4) of the Act).”
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`34.
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`Six wastewater treatment plants (“WWTPs”) (collectively referred to as the
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`“Corpus Christi WWTPs”) and their associated wastewater collection systems comprise the
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`Corpus Christi POTW, which services a city of more than 300,000 people and spans more than
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`130 square-miles.
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`35.
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`Each of the Corpus Christi WWTPs is a wastewater treatment system used to
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`store, treat, recycle, and reclaim municipal sewage or industrial wastes of a liquid nature.
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`36.
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`Each of the Corpus Christi WWTPs is fed by an extensive collection system
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`designed to convey wastewater, including untreated sewage and other pollutants, from the City’s
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`wastewater customers through pipes, channels, tunnels, or other conduits to its corresponding
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`WWTP for treatment. These collection systems include approximately 1,200 miles of gravity
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`sewers, 100 miles of force mains, 100 lift stations, and other appurtenances.
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`37.
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`The collection systems associated with each WWTP will be collectively referred
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`to as the “Corpus Christi Wastewater Collection and Transmission System” or “Corpus Christi
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`WCTS.”
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`38.
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`Pursuant to Section 402(a) of the CWA, 33 U.S.C. § 1342(a), and Tex. Water
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`Code § 26.027, the TCEQ, or its predecessor, the Texas Natural Resources Conservation
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`Commission, issued Corpus Christi a TPDES permit for each of the City’s six WWTPs and
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`associated wastewater collection system (collectively, the “Corpus Christi TPDES Permits”).
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`B. Corpus Christi’s Six Wastewater Treatment Plants
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`39.
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`Each of the Corpus Christi WWTPs received an initial NPDES permit in the
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`1960s or 1970s. Since their initial issue, the permits have been renewed and/or modified
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`periodically by the EPA or State of Texas. Each Corpus Christi WWTP has been subject to a
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`TPDES permit at all times relevant to the claims in this Complaint.
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`Allison WWTP
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`40.
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`The Allison Wastewater Treatment Plant (“Allison WWTP”) is located at 4101
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`Allison Road, in the northwest portion of Corpus Christi approximately one mile north of
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`Interstate Highway 37, in Nueces County, Texas 78410.
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`41.
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`TPDES permit number WQ0010401006 (TX0047082) governs the relevant
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`period for the Allison WWTP and its associated collection system (“Allison Permit”). For the
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`relevant period, the Allison Permit was issued on November 12, 2002, and renewed on July 7,
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`2009, and January 12, 2015. The Allison Permit expired on May 1, 2018.
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`42.
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`Corpus Christi has applied for the renewal of the Allison Permit. The Allison
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`Permit has been administratively continued and remains effective until the TCEQ either
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`approves, denies, or returns the application. See Allison Permit, Permit Conditions ¶ 4(c); 30
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`TEX. ADMIN. CODE § 305.63(a).
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`43.
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`The Allison Permit authorizes discharges of treated wastewater from the Allison
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`WWTP from Outfall 001 to the Nueces River Tidal in Segment No. 2101 of the Nueces River
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`Basin.
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`44.
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`The Allison Permit also authorizes discharges of treated wastewater from the
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`Allison WWTP from Outfall 002 to South Lake, which flows into Nueces Bay in Segment No.
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`2482 of the “Bays and Estuaries,” as that term is used in the Texas Administrative Code, 30 TEX.
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`ADMIN. CODE § 307.3.
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`New Broadway WWTP
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`45.
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`The New Broadway Wastewater Treatment Plant (“New Broadway WWTP”) is
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`located at 1402 West Broadway Street, in Corpus Christi, Nueces County, Texas, 78401.
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`46.
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`TPDES permit number WQ0010401005 (TX0047066) (“Broadway Permit”)
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`governs the relevant period for what was originally known as the Broadway Wastewater
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`Treatment Plant and its associated collection system. For the relevant period, the Broadway
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`Permit was issued on June 6, 2005. On October 29, 2009, the Broadway Permit was amended
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`(“New Broadway Permit”) to reflect updates and additions to the facility, which is now known as
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`the New Broadway WWTP. The New Broadway Permit was renewed on June 28, 2011,
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`December 10, 2013, and March 9, 2017. The New Broadway Permit is set to expire on June 1,
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`2020.
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`47.
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`The New Broadway Permit authorizes discharges of treated wastewater from the
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`New Broadway WWTP directly to Corpus Christi Inner Harbor in Segment No. 2484 of the Bays
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`and Estuaries.
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`Greenwood WWTP
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`48.
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`The Greenwood Wastewater Treatment Plant (“Greenwood WWTP”) is located at
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`6541 Greenwood Drive, at the intersection of State Highway 357 and Greenwood Drive, in
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`Corpus Christi, Nueces County, Texas, 78415.
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`49.
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`TPDES permit number WQ0010401003 (TX0047074) governs the relevant
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`period for the Greenwood WWTP and its associated collection system (“Greenwood Permit”).
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`For the relevant period, the Greenwood Permit was issued on January 28, 2003, then renewed on
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`April 16, 2008 and March 24, 2014. The Greenwood Permit expired on June 1, 2017.
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`50.
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`On December 5, 2016, Corpus Christi submitted an application to renew the
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`Greenwood Permit. The Greenwood Permit has been administratively continued and remains
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`effective until the TCEQ either approves, denies, or returns the application. See Greenwood
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`Permit, Permit Conditions ¶ 4(c); 30 TEX. ADMIN. CODE § 305.63(a).
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`51.
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`The Greenwood Permit authorizes discharges of treated wastewater from the
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`Greenwood WWTP via a pipeline to a tributary (locally known as La Volla Creek) of Oso Creek,
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`which then flows into Oso Bay in Segment No. 2485 of the Bays and Estuaries.
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`Laguna Madre WWTP
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`52.
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`The Laguna Madre Wastewater Treatment Plant (“Laguna Madre WWTP”) is
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`located at 201 Jester Street, approximately one-half mile east of the intersection of Jester Street
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`and N.A.S. Drive in Corpus Christi, Texas, 78418.
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`53.
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`TPDES permit number WQ0010401008 (TX0047104) governs the relevant
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`period for the Laguna Madre WWTP and its associated collection system (“Laguna Madre
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`Permit”). For the relevant period, the Laguna Madre Permit was issued on July 21, 2005, then
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`renewed on August 2, 2010 and August 6, 2015. The Laguna Madre Permit is set to expire on
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`April 1, 2020.
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`54.
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`The Laguna Madre permit authorizes discharges of treated wastewater from the
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`Laguna Madre WWTP to Corpus Christi Bay in Segment No. 2481 of the Bays and Estuaries.
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`Oso WWTP
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`55.
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`The Oso Wastewater Treatment Plant (“Oso WWTP”) is located at 601 Nile
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`Drive, at the intersection of Nile Drive and Ennis Joslin Road in Corpus Christi, Nueces County,
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`Texas, 78412.
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`56.
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`TPDES permit number WQ0010401004 (TX0047058) governs the relevant
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`period for the Oso WWTP and its associated collection system (“Oso Permit”). For the relevant
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`period, the Oso Permit was issued on December 7, 2006, and renewed on April 29, 2011. The
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`Oso Permit expired on June 1, 2014.
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`57.
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`Corpus Christi has applied for the renewal of the Oso Permit. The Oso Permit has
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`been administratively continued and remains effective until the TCEQ either approves, denies, or
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`returns the application. See Oso Permit, Permit Conditions ¶ 4(c); 30 TEX. ADMIN. CODE
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`§ 305.63(a).
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`58.
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`The Oso Permit authorizes discharges of treated wastewater from the Oso WWTP
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`via a 72-inch pipe into a 40-foot wide tidal channel. The tidal channel flows into Oso Bay in
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`Segment No. 2485 of the Bays and Estuaries.
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`Whitecap WWTP
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`59.
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`The Whitecap Wastewater Treatment Plant (“Whitecap WWTP”) is located at
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`13409 Whitecap Boulevard at the west end of Whitecap Boulevard on Padre Island in Corpus
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`Christi, Nueces County, Texas, 78418.
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`60.
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`TPDES permit number WQ0010401009 (TX0047121) governs the relevant
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`period for the Whitecap WWTP and its associated collection system (“Whitecap Permit”). For
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`the relevant period, the Whitecap Permit was issued on March 7, 2005, then renewed on
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`September 30, 2009, August 14, 2014, and February 12, 2018. The Whitecap Permit is set to
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`expire on July 1, 2020.
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`61.
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`The Whitecap Permit authorizes discharges of treated wastewater from the
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`Whitecap WWTP directly to Laguna Madre in Segment No. 2491 of the Bays and Estuaries.
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`62.
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`Each discharge location described in Paragraphs 43, 44, 47, 51, 54, 58, and 61
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`(collectively, “WWTP Outfalls”) is a “point source” within the meaning of Tex. Water Code
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`§ 26.001(21).
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`C. The Prohibitions and Requirements of Corpus Christi’s TPDES Permits
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`63.
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`The Corpus Christi TPDES Permits prohibit discharges of wastewater into or
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`adjacent to water in the state from any location in the Corpus Christi WCTS other than the
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`WWTP Outfalls. Corpus Christi TPDES Permits Conditions, ¶ 2(g).
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`64.
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`In addition, the Corpus Christi TPDES Permits authorize discharges of treated
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`wastewater from the WWTP Outfalls only if they are made in accordance with the effluent
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`limitations, monitoring and reporting requirements, and other conditions set forth in the Corpus
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`Christi TPDES Permits.
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`65.
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`The Corpus Christi TPDES Permits limit the average annual flow of effluent from
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`each of the WWTP Outfalls. The Corpus Christi TPDES Permits also limit the mass and
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`concentration of certain pollutants that may be contained in the effluent (“Effluent Limitations”).
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`Corpus Christi TPDES Permits Effluent Limits and Monitoring Requirements, ¶ 1-7.
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`66.
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`In accordance with 40 C.F.R. § 122.41(e), each of the Corpus Christi TPDES
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`Permits also require the City to ensure at all times that the respective WWTP and its associated
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`Case 2:20-cv-00235 Document 1 Filed on 09/25/20 in TXSD Page 14 of 25
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`WCTS are properly operated and maintained. Corpus Christi TPDES Permits Operational
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`Requirements, ¶ 1.
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`D. Corpus Christi’s Unauthorized Sanitary Sewer Overflows and TPDES Permit
`Violations
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`Since at least 2007 and at all times relevant to this Complaint, Defendant Corpus
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`67.
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`Christi’s failure to operate and maintain the Corpus Christi POTW resulted in a substantial
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`number of blockages in the pipes and other conduits that comprise the Corpus Christi WCTS.
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`68.
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`The blockages in the Corpus Christi WCTS were caused by buildups of fats, oil
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`and grease, root obstructions, or the accumulation of other debris in the Corpus Christi WCTS.
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`69.
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`Since at least 2007 and at all times relevant to this Complaint, Defendant Corpus
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`Christi’s failure to operate and maintain the Corpus Christi POTW resulted in structural defects,
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`line breaks, or other deficiencies in the Corpus Christi WCTS.
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`70.
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`At all times relevant to this Complaint, structural defects, line breaks, and other
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`deficiencies in the WCTS allowed the inflow and infiltration of water (“I/I”) into the Corpus
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`Christi WCTS.
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`71.
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`On more than 6,000 occasions since at least 2007, Corpus Christi has released
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`untreated sewage from the Corpus Christi WCTS at locations other than the WWTP Outfalls.
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`Such releases from a collection system are referred to as “sanitary sewer overflows” or “SSOs.”
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`72.
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`On numerous occasions since at least 2007, blockages, structural defects, line
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`breaks, I/I or other deficiencies in the Corpus Christi WCTS caused SSOs.
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`73.
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`On numerous occasions since at least 2007, untreated sewage released from the
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`Corpus Christi WCTS by SSOs flowed into nearby waters that are “waters of the United States”
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`within the meaning of Section 502(7) of the Act, 33 U.S.C. § 1362(7), and 40 C.F.R. § 122.2, or
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`into or adjacent to a “water in the State” within the meaning of Tex. Water Code § 26.001(5).
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`These waters include, but are not limited to, the Nueces River, Corpus Christi Bay, Oso Creek,
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`Oso Bay, and Laguna Madre.
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`74.
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`The Nueces River has water flowing in it all or most of the year, and subject to a
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`reasonable opportunity for investigation and discovery, is a navigable-in-fact waterbody.
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`75.
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`76.
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`The Nueces River flows into the Nueces Bay.
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`The Oso Creek has water flowing in it all or most of the year, and subject to a
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`reasonable opportunity for investigation and discovery, is a navigable-in-fact waterbody.
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`77.
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`78.
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`The Oso Creek flows into the Oso Bay.
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`The Nueces Bay and the Oso Bay flow into the Corpus Christi Bay, which flows
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`into the Gulf of Mexico.
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`79.
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`Laguna Madre is a permanent lagoon connected to the Corpus Christi Bay and the
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`Gulf of Mexico.
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`80.
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`The Nueces Bay, Corpus Christi Bay, and Laguna Madre are used by boats, and
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`they are all traditional, navigable-in-fact waterbodies.
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`81.
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`On numerous occasions since at least 2007, Corpus Christi discharged effluent
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`from its WWTPs that failed to comply with the Effluent Limitations contained in the Corpus
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`Christi TPDES Permits, including, for example, limits for flow, enterococci, fecal coliform, total
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`suspended solids, biological oxygen demand, ammonia, nitrogen, copper, residual chlorine, and
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`pH.
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`82.
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`The State of Texas includes portions of Oso Creek, Laguna Madre, and three
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`shoreline segments of Corpus Christi Bay (recreational areas known as Ropes Park, Cole Park,
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`and Poenisch Park) on its list of impaired waters, pursuant to Section 303(d) of the Act, 33
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`U.S.C. § 1313(d). Each of these segments is listed as impaired because of bacteria levels.
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`83.
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`Subject to a reasonable opportunity for further investigation and discovery, on
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`numerous occasions since at least 2007, the exceedances of effluent limits for bacteria at the
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`Corpus Christ WWTPs and SSOs from the Corpus Christi WCTS caused or contributed to levels
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`of enterococci bacteria in recreational waters and at or near beaches in and around Corpus
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`Christi that were at or above 104 colony forming units (“cfu”)/100 milliliters (“ml”).
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`84.
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`Humans may be exposed to these waters, including at times when levels of
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`enterococci bacteria are at or above 104 cfu/100 ml.
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`85.
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`The potential for human exposure to waters with levels of enterococci bacteria at
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`or above 104 cfu/100 ml presents a risk to human health. Enterococci bacteria indicate the
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`presence of pathogens capable of causing illness in humans.
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`86.
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`Subject to a reasonable opportunity for further investigation and discovery,
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`blockages, structural defects, line breaks, I/I, or other deficiencies in the Corpus Christi WCTS
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`will continue to cause SSOs from the Corpus Christi WCTS, which will continue to create the
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`potential for human exposure to waters with levels of enterococci bacteria at or above 104
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`cfu/100 ml and present a risk to human health.
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`87.
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`Subject to a reasonable opportunity for further investigation and discovery,
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`discharges of effluent from the Corpus Christi WWTPs that exceeded the Effluent Limitations
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`for enterococci bacteria, have and will continue to cause or contribute to levels of enterococci
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`bacteria in recreational waters and at or near beaches in and around the City in excess of 104
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`cfu/100 ml.
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`FIRST CLAIM FOR RELIEF
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`Unauthorized Discharges of Wastewater in Violation of the
`Corpus Christi TPDES Permits
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`Paragraphs 1 through 87 are re-alleged and incorporated herein by reference.
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`The SSOs that occurred from the Corpus Christi WCTS on numerous occasions
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`88.
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`89.
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`since at least 2007, and that continue to occur, were unauthorized discharges of wastewater into
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`or adjacent to water in the state from locations not authorized in the Corpus Christi TPDES
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`Permits.
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`90.
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`Each day of each SSO constitutes a separate violation of Paragraph 2(g) of the
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`Permit Conditions found in the applicable Corpus Christi TPDES Permit.
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`91.
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`Unless restrained by an order of the Court, Defendant Corpus Christi will
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`continue to experience SSOs, in violation of the Corpus Christi TPDES Permits.
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`92.
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`As a result of its violations, the City is subject to both injunctive relief, pursuant
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`to Section 309(b) of the CWA, 33 U.S.C. § 1319(b), and Tex. Water Code § 5.230, and civil
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`penalties, pursuant to Section 309(d) of the CWA, 33 U.S.C. § 1319(d), and Tex. Water Code
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`§ 7.102, as described in Paragraphs 26-29.
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`SECOND CLAIM FOR RELIEF
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`Failure to Properly Operate and Maintain the
`Corpus Christi POTW as Required by the Corpus Christi TPDES Permits
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`Paragraphs 1 through 87 are re-alleged and incorporated herein by reference.
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`93.
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`94. Many of the SSOs that occurred on numerous occasions since at least 2007, and
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`that continue to occur, are a result of blockages, structural defects, line breaks, I/I and other
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`deficiencies, arising from Corpus Christi’s failure to properly operate and maintain the Corpus
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`Christi POTW.
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`95.
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`Each day of each SSO caused by Corpus Christi’s failure to properly operate and
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`maintain the Corpus Christi POTW constitutes a separate violation of Paragraph 1 of the
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`Operational Requirements found in the applicable Corpus Christi TPDES Permit.
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`96.
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`Unless restrained by an order of the Court, Defendant Corpus Christi will
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`continue to fail to properly operate and maintain the Corpus Christi POTW and will continue to
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`experience SSOs, in violation of the Corpus Christi TPDES Permits.
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`97.
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`As a result of its violations, the City is subject to both injunctive relief, pursuant
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`to Section 309(b) of the CWA, 33 U.S.C. § 1319(b), and Tex. Water Code § 5.230, and civil
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`penalties, pursuant to Section 309(d) of the CWA, 33 U.S.C. § 1319(d), and Tex. Water Code
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`§ 7.102, as described in Paragraphs 26-29.
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`THIRD CLAIM FOR RELIEF
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`Failure to Comply with Corpus Christi’s TPDES Permits’ Effluent Limitations
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`Paragraphs 1 through 87 are re-alleged and incorporated herein by reference.
`
`98.
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`99.
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`On numerous occasions since at least 2007, Corpus Christi discharged effluent
`
`from its WWTPs that failed to comply with the Effluent Limitations contained in the Corpus
`
`Christi TPDES Permits, including, for example, limits for flow, enterococci, fecal coliform, total
`
`suspended solids, biological oxygen demand, ammonia, nitrogen, copper, residual chlorine, and
`
`pH.
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`100. Each day of each discharge that failed or fails to comply with any Effluent
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`Limitations in the applicable Corpus Christi TPDES Permit is a separate violation of the
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`applicable Corpus Christi TPDES Permit.
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`101. Unless restrained by an order of the Court, Defendant Corpus Christi will
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`continue to violate the Effluent Limitations contained in the Corpus Christi TPDES Permits.
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`102. As a result of its violations, the City is subject to both injunctive relief, pursuant
`
`to Section 309(b) of the CWA, 33 U.S.C. § 1319(b), and Tex. Water Code § 5.230, and civil
`
`penalties, pursuant to Section 309(d) of the CWA, 33 U.S.C. § 1319(d), and Tex. Water