EPA v. LAKESIDE HERITAGE DEV. LTD.

Case summary

1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. LAKESIDE HERITAGE DEV. LTD. STEPHEN J. DINAPOLI 5821 BAYWATER DRIVE PLANO, COLLIN COUNTY, TEXAS 75093 FACILITY: LAKESIDE CROSSING PHASE LL 3. RESPONDENT WAS IN VIOLATION OF PART IV. OF ITS NPDES PER- MIT BY FAILING TO IMPLEMENT THE PROVISIONS OF THE POLLU- TION PREVENTION PLAN, PART IV.B.2. BY FAILING TO MAKE A- VAILABLE THE COMPLETE PLAN TO AN AUTHORIZED REPRESENTA- TIVE OF EPA AT THE INSPECTION OF JUL. 31, 1995, PART IV.D.4. BY FAILING TO INSPECT DISTURBED AREAS OF THE CON- STRUCTION SITE AT LEAST ONCE EVERY 7 CALENDAR DAYS AND WITHIN 24 HOURS OF THE END OF A STORM EVENT GREATER THAN 0.5 INCHES IN RAINFALL, PART V.B. BY FAILING TO RETAIN A COPY OF THE SWPPP AT THE CONSTRUCTION SITE, AND PART VI.E. BY NOT FURNISHING TO AN AUTHORIZED REPRESENTATIVE OF THE DIRECTOR, THE NECESSARY INFORMATION TO DETERMINE COMPLIANCE WITH THE PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A)(3) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RE- SPONDENT TO TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO ELIMINATE AND PREVENT RECURENCE OF THE VIOLATIONS (WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE ORDER) AND TO SUBMIT A REPORT DETAILING THE SPECIFIC ACTIONS TAKEN AND WHY SUCH ACTIONS ARE SUFFICIENT TO PREVENT RECURRENCE OF THE VIOLATIONS. THE RESPONDENT IS ORDERED TO SUBMIT A CURRENT COPY OF THE SWPPP, CONTAINING ANY NECESSARY CHAN- GES TO MAKE THE PLAN CURRENT AND IN ACCORDANCE WITH PART IV. OF THE PERMIT, TO EPA WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE ORDER. THE RESPONDENT IS ORDERED TO APPEAR AT THE EPA OFFICE AND SHOW CAUSE WHY THE PERMITEE HAS NOT COMPLIED WITH SECTION 301 OF THE CWA AND WHY EPA SHOULD NOT TAKE FURTHER ACTION, AND ARRANGE A MEETING WITH EPA, WITHIN 45 DAYS OF THE EFFECTIVE DATE OF THE ORDER, AND PRESENT ALL RELEVANT MATERIALS IT INTENDS TO MAKE IN ITS SHOWING AT LEAST 10 DAYS BEFORE THE MEETING.

Defendants (1)

• LAKESIDE HERITAGE DEV. LTD.Named in complaintNamed in settlement

Facilities (1)

• LAKESIDE SHORES PHASE II

  5821 BAYWATER DR, PLANO, TX, 75093

  Registry ID: 110010622665

Statutes cited

• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• LAKESIDE HERITAGE DEV. LTD.entered 1996-05-08

  Primary law: CWA

Timeline (4 milestones)

• 1996-05-08Complaint Filed/Proposed Order
• 1996-05-08Final Order Issued
• 1996-05-16Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed