EPA v. TOLL BROTHERS, INC.

Case summary

1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. THE RESERVE TOLL BROTHERS, INC. ROBERT TOLL, CEO ELDORADO DEVELOPMENT MCKINNEY, COLLIN COUNTY, TEXAS 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY DISCHARGING STORMWATER FROM ITS DEVELOPMENT WITHOUT AN NPDES PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A)(3) OF THE CWA, EPA ISSUED AN ADMINSITRATIVE ORDER (AO) ORDERING THE RE- SPONDENT TO 1) WITHIN 45 DAYS OF THE EFFECTIVE DATE OF THE AO, SUBMIT ANY INFORMATION WHY THE FACILITY HAS NOT COMPLIED WITH SECTION 301(A) OF THE CWA, 2) WITHIN 45 DAYS OF THE EFFECTIVE DATE OF THE AO, OBTAIN NPDES PERMIT COVERAGE, 3) SUBMIT ANY POLLUTION PREVENTION PLANS DEVEL- OPED FOR COMPLIANCE WITH CORRESPONDING PERMIT, 4) APPEAR AT EPA REGION 6 OFFICES AND SHOW CAUSE WHY THE RESPONDENT HAS NOT COMPLIED WITH THE MANDATE OF SECTION 301 AND WHY EPA SHOULD NOT TAKE FURTHER ENFORCEMENT ACTION AGAINST THE RESPONDENT, 6) WITHIN 45 DAYS OF RECEIPT OF ORDER, ARRANGE A MEETING WITH EPA AND SUBMIT ALL MATERIAL RELE- VANT TO THE CASE AT LEAST 10 DAYS BEFORE THE SCHEDULED MEETING, AND 7) THE RESPONDENT SHALL MAKE ANY NECESSARY CHANGES TO THE POLLUTION PREVENTION PLAN INCLUDING IN- STALLING OR MAINTAINING EROSION CONTROLS WITHIN 7 DAYS OF RECEIPT OF THE AO.

Defendants (1)

• TOLL BROTHERS, INC.Named in complaintNamed in settlement

Facilities (1)

• RESERVE

  ELDORADO DEVELOPMENT, MC KINNEY, TX, 75070

  Registry ID: 110010652702

Statutes cited

• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• TOLL BROS., INC.entered 1996-04-16

  Primary law: CWA

Timeline (4 milestones)

• 1996-04-16Complaint Filed/Proposed Order
• 1996-04-16Final Order Issued
• 1996-05-14Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed