EPA v. CHRISTIANA TOWN CENTER

Case summary

Region has received information that the facility was not complying with State NPDES stormwater requirements. EPA asked to inspect the non-public part of the site but was refused entry. Region applied for search warrant in order to conduct inspection. On April 28, 2004, Magistrate Judge Mary Pat Thynge issued a search warrant authorizing EPA to inspect construction activities on the non-public sections of the Christiana Town Center. Christiana Town Center is located in New Castle County, Delaware. Pursuant to the warrant two inspectors from the Region inspected the site on May 4, 2004. The purpose of the inspection was to see if the developer was complying with the Clean Water Act's storm water requirements. Before applying for the warrant EPA had requested access to the entire site but the attorney for the developer denied access to the non-public sections. The U.S. Attorney's Office sought the warrant with an ex parte application

Defendants (1)

• CHRISTIANA TOWN CENTERNamed in complaintNamed in settlement

Facilities (1)

• ACIERNO - CHRISTIANA TOWN CENTER

  MAIN STREET AND RT 273, CHRISTIANA, DE, 19702

  Registry ID: 110017713722

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 308 — Information Request, Records, Entry

Enforcement conclusions (1)

• CHRISTIANA TOWN CENTERentered 2004-04-28

  Primary law: CWA

Timeline (5 milestones)

• 2004-04-23Referred To Dept Of Justice
• 2004-04-28Final Order Entered
• 2004-04-28Final Order Lodged
• 2004-04-28Complaint Filed With Court
• 2004-06-03Enforcement Action Data Entered