EPA v. J&C BUILDERS CORPORATION

Case summary

**** ON JANUARY 3, 2001, EPA SENT TO RESPONDENT A REQUEST FOR INFORMATION LETTER (THE 308 LETTER ) PURSUANT TO SECTION 308(A) OF THE ACT, 33 U.S.C. 1318(A). EPA REQUESTED INFORMATION IN ORDER TO OBTAIN INFORMATION REGARDING STORM WATER DISCHARGES FROM THE DEVELOPMENT AND TO DETERMINE THE APPLICABILTY OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER PERMIT APPLICATION REGULATIONS TO THE DEVELOPMENT. THE STORM WATER REGULATIONS FOR CONSTRUCTION ACTIVITIES ARE CODIFIED IN 40 CFR 122.26(B) (14)(X). BASED UPON THE CONFIRMATION OF RECEIPT OF THE 308 LETTER DATED FEBRUARY 2, 2001, THE REQUESTED INFORMATION AS DUE TO COMPLAINANT BY FEBRUARY 17, 2001. COMPLIANANT HEREBY FINDS THAT RESPONDENT HAS VIOLATED SECTION 308(A) OF THE ACT, 33 U.S.C. 1318(A), FOR ITS FAILURE TO PROVIDE INFORMATION TO COMPLAINANT BY FEBRUARY 17 2001 TO THE DATE OF ISSUANCE OF THE COMPLAINT. ON AUGUST 10, 2001, EPA REGION 2 ISSUED A COMPLAINT, FINDINGS OF VILATION, NOTICE OF PROPOSED ASSESSMENT OF A CIVIL PENALTY AND NOTICE OF OPPORTUNITY TO REQUEST A HEARING (HEREINAFTER, COMPLAINT ) AGAINST J&C BUILDERS CORPORATION (HEREINAFTER, RESPONDENT ) FOR ITS FAILURE TO PROVIDE INFORMATION TO EPA FROM FEBRUARY 17, 2001 TO THE DATE OF THE COMPLAINT. THE COMPLAINT ALLEGES THAT ON JANUARY 3, 2001, EPA SENT TO RESPONDENT A REQUEST FOR INFORMATION LETTER (THE 308 LETTER ) PURSUANT TO SECTION 308(A) OF THE ACT, 33 U.S.C. 138(A). RESPONDENT DID NOT RESPOND TO THE 308 LETTER. ON MARCH 29, 2001, COMPLAINANT ISSUED TO RESPONDENT AN ADMINISTRATIVE COMPLIANCE ORDER (DOCKET # CWA-02-2001-3038). IN THE ORDER, COMPLAINANT ORDERED RESPONDENT TO PROVIDE THE INFORMATION REQUEST IN THE 308 LETTER. AGAIN RESPONDENT FAILED TO PROVIDE INFORMATION TO COMPLAINANT AS REQUESTED IN THE 308 LETTER AND THE ORDER. ON MAY 10, 2001, COMPLAINANT ISSUED TO RESPONDENT A SECOND ADMINISTRATIVE COMPLIANCE ORDER (DOCKET NUMBER CWA-02-2001-3042), ONCE AGAIN ORDER RESPONDENT TO PROVIDE THE INFORMATION REQUESTED IN TNE 308 LETTER. AGAIN RESPONDENT FAILED TO PROVIDE INFORMATION TO THE COMPLAINANT. AFTER TAKING THE THREE (3) ABOVE MENTIONED ACTIONS, EPA PROCEEDED TO ISSUE THE INSTANT COMPLAINT PROPOSING THE ASSESSMENT OF A PENALTY OF $9,720.00. ON OCTOBER 16, 2001 AND OCTOBER 25, 2001, EPA'S COUNSEL EDUARDO J. GONZALEZ AND EPA'S ENFORCEMENT OFFICER, MR. JOSE RIVERA, MET WITH RESPONDENT AND ITS LEGAL COUNSEL. DURING THE COURSE OF THOSE MEETINGS, RESPONDENT PRESENTED EPA WITH DOCUMENTS AIMED AT COMPLYING WITH EPA'S REQUEST FOR INFORMATION. ON DECEMBER 11, 2001, RESPONDENT SIGNED CA/FO AGREEING TO PAY 100% OF EPA'S PROPOSED PENALTY, WHICH EPA ASSESSED AT $9,720. RESPONDENT SHALL MAKE THREE (3) PAYMENTS TO SATISFY THE PENALTY: 1) AN INITIAL PAYMENT OF THREE THOUSAND DOLLARS ($3,000.00) SHALL BE MADE ON FEBRUARY 15, 2002; 2) A SECOND PAYMENT OF THREE THOUSAND DOLLARS ($3,000.00) SHALL BE MADE ON MARCH 15, 2002; AND 3) A THIRD AND FINAL PAYMENT OF THREE THOUSAND SEVEN HUNDRED TWENTY DOLLARS ($,3720.00) SHALL BE MADE ON APRIL 19, 2002.

Defendants (1)

• J&C BUILDERS CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• J&C BUILDERS CORP

  TURABO WARD, CAGUAS, PR, 00725

  Registry ID: 110010634607

Statutes cited

• CWA 308 — Information Request, Records, Entry

Enforcement conclusions (1)

• J&C BUILDERS CORPORATIONentered 2001-12-28

  Primary law: CWA

  Federal penalty: $9,720

Timeline (4 milestones)

• 2001-08-10Complaint Filed/Proposed Order
• 2001-08-15Enforcement Action Data Entered
• 2001-12-28Final Order Issued
• 2001-12-28Enforcement Action Closed