EPA v. ENCINO COMMUNITY DEVELOPMENT CORP., PAUL SWORD CONSTRUCTION

Case summary

1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. ENCINO COMMUNITY DEVELOPMENT CORPORATION, A TEXAS CORP. PAUL SWORD CONSTRUCTION COMPANY, INC.. A TEXAS CORP. FACILITY: HIGHLAND OAKS CONSTRUCTION SITE FRIENSHIP LANE FREDERICKSBURG, GILLESPIE COUNTY, TEXAS 78624 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301(A) OF THE CWA BY ENGAGING IN AN INDUSTRIAL ACTIVITY WITHOUT 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- SPONDENT TO SUBMIT WITHIN 45 DAYS OF THE EFFECTIVE DATE OF THE AO, ANY INFORMATION DETAILIONG WHY THE FACILITY HAS NOT COMPLIED WITH SECTIN 301(A) OF THE CWA, WITHIN 45 DAYS OF THE AO, OBTAIN AN NPDES PERMIT, SUBMIT ANY POLLU- TION PREVENTION PLANS DEVELOPED FOR COMPLIANCE WITH THE PERMIT APPLIED FOR, ARRANGE TO MEET WITH EPA, APPEAR AND SHOW CAUSE.

Defendants (2)

• ENCINO COMMUNITY DEVELOPMENT CORPORATIONNamed in complaintNamed in settlement
• PAUL SWORD CONSTRUCTION COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• HIGHLAND OAKS CONST SITE

  FRIENDSHIP LANE, FREDERICKSBURG, TX, 78624

  Registry ID: 110010651678

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ENCINO COMMUNITY DEVELOPMENT CORP., PAUL SWORD CONentered 1997-07-21

  Primary law: CWA

Timeline (4 milestones)

• 1997-07-21Complaint Filed/Proposed Order
• 1997-07-21Final Order Issued
• 1997-07-31Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed