EPA v. HERMAN NETHERY AND HERMAN L. GIBBONS, D.B.A. NETHERY RECYCLI

Case summary

SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. HERMAN NETHERY AND HERMAN L. GIBBONS FACILITY: 500 DEEP WOOD DALLAS, TEXAS 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301(A) OF THE CWA BY DISCHARGING POLLUTANTS FROM THE FACILITY INTO WATERS OF THE U.S WITHOUT THE FACILITY BEING COVERED BY AN NPDES PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A)(3) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RE- SPONDENTS TO: 1) CEASE AND DESIST INDUSTRIAL OPERATIONS AT THE FACILITY UNTIL COVERED BY A PERMIT, 2) NOTIFY EPA VERBALLY WITHIN 48 HOURS OF RE-STARTING OF FACILITY ACT- IVITIES, 3) WITHIN 30 DAYS OF THE AO, SUBMIT INFORMATION WHY THE FACILITY IS NOT IN COMPLIANCE, 4) APPLY FOR AN NPDES PERMIT, 5) SUBMIT A POLLUTION PREVENTION PLAN DE- VELOPED FOR THE FACILITY, 6) APPEAR AT THE REGION 6 OF- FICES AND SHOW CAUSE WHY, AND 7) ARRANGE A MEETING WITH EPA WITHIN 45 DAYS OF THE AO, SUBMITTING ALL RELEVANT MATERIALS 10 DAYS PRIOR TO THE MEETING.

Defendants (1)

• HERMAN NEHTERY AND HERMAN L. GIBBONSNamed in complaintNamed in settlement

Facilities (1)

• NETHERY LANDFILL

  500 DEEPWOOD STREET, DALLAS, TX, 75137

  Registry ID: 110009312378

Statutes cited

• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• NETHERV RECYCLING FACILITYentered 1996-08-27

  Primary law: CWA

Timeline (4 milestones)

• 1996-08-27Complaint Filed/Proposed Order
• 1996-08-27Final Order Issued
• 1996-09-13Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed