EPA v. PAPAGOLAS DEVELOPMENT CO., D.B.A. JOHN PAPAGOLAS

Case summary

1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. PAPAGOLAS DEVELOPMENT CO., D.B.A. JOHN PAPAGOLAS 16250 DALLAS PARKWAY, SUITE 100 DALLAS, DALLAS COUNTY, TEXAS 75248 FACILITY: FOREST CREEK NORTH II HEDGECOXE AND MARCHMAN DRIVE PLANO, COLLIN COUNTY, TEXAS 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY VIOLATING PARTS OF ITS PERMIT INCLUDING FAILING TO SIGN THE PLAN AND KEEP RECORDS ON-SITE, MAKING PLAN A- VAILABLE TO EPA, SWPP WAS NOT AMENDED AFTER CHANGE IN THE POLLUTION PREVENTION DESIGN OF THE FACILITY, FAILING TO HAVE A SEDIMENT BASIN OR CONTROLS EQUIVALENT TO A SEDI- MENT BASIN, NO STRUCTURAL MEASURES IN PLACE ON UPLAND SOILS OR EQUIVALENT, NO CERTIFICATION OF COMPLIANCE WITH STATE OR LOCAL REQUIREMENTS WAS INCLUDED IN THE SWPPP, NO DESCRIPTION OF PROCEDURES TO ENSURE TIMELY MAINTENANCE IN THE SWPPP, FAILING TO RETAIN A COPY OF THE STORM WATER POLLUTION, AND NOT PROVIDING A SWPPP DURING THE NPDES IN- SPECTION OF OCT. 4, 1996. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A)(3) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RE- SPONDENT TO SUBMIT ANY INFORMATION DETAILING WHY THE FA- CILITY HAS NOT COMPLIED WITH SECTION 301 OF THE CWA, IDENTIFY ALL PARTIES AT THE FACILITY THAT INDIVIDUALLY OR TAKEN TOGETHER MEET THE DEFINITION OF OPERATOR, IDENTIFY ALL CONSTRUCTION SITE THAT THE PERMITEE HAS BEEN INVOLVED IN THE LAST CALENDAR YEAR AND DENOTE DISTURBED ACREAGE OF EACH PROJECT, ARRANGE A MEETING WITH EPA, AND APPEAR AND SHOW CAUSE.

Defendants (1)

• PAPAGOLAS DEVELOPMENT CO.Named in complaintNamed in settlement

Facilities (1)

• FOREST CREEK NORTH II

  HEDGECOXE AND MARCHMAN DR, PLANO, TX, 75023

  Registry ID: 110010654078

Statutes cited

• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• PAPAGOLAS DEVELOPMENT CP. D.B.A. JOHN PAPAGOLASentered 1997-05-19

  Primary law: CWA

Timeline (5 milestones)

• 1997-05-19Complaint Filed/Proposed Order
• 1997-05-19Final Order Issued
• 1997-06-19Enforcement Action Data Entered
• 1997-07-02Compliance Achieved
• 1997-07-02Enforcement Action Closed