EPA v. AUTONATION USA CORP. AND FAULKNER CONSTRUCTION CO.

Case summary

1. SECTION 309(G) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G). 2. AUTONATION USA CORPORATION, A FLORIDA CORPORATION FAULKNER CONSTRUCTION COMPANY, A TEXAS CORPORATION FACILITY: 5725 USTA BOULEVARD SAN ANTONIO, BEXAR COUNTY, TEXAS 78217 3. RESPONDENTS WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY ONE OPERATOR NOT BEING COVERED BY AN NPDES PERMT, AND IN VIOLATION OF PARTS IV, IV.B., IV.C., IV.D.A-F, IV.D.3., IV.D.4.C., AND IV.E. OF THE OTHER OPERATOR'S PERMIT BY 1) STORNMWATER POLLUTION PREVENTION PLAN (SWPPP) NOT PREPARED IN ACCORDANCE WITH GOOD ENGINEERING PRACTICES, 2) THE PLAN WAS NOT SIGNED BY THE OPERATORS, 3) THE PLA WAS NOT CURRENT, 4) THE PLAN FAILED TO HAVE A SITE DESCRIPTION, 5) THE PLAN FAILED TO DESCRIBE PROCED- URES TO ENSURE TIMELY MAINTENANCE OF VEGATATION, EROSION, AND SEDIMENT CONTROL MEASURES AND OTHER PROTECTIVE MEA- SURES, 6) THE INSPECTIONS FAILED TO SUMMARIZE THE SCOPE OF THE INSPECTION, NAME(S) OF THE INSPECTORS, QUALIFICA- TIONS OF INSPECTOR(S), AND MAJOR OBSERVATIONS, AND 7) CONTRACTORS WERE NEITHER IDENTIFIED NOR SIGNED THE CON- TRACTOR CERTIFICATION. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $27,500.

Defendants (2)

• AUTONATION USA CORPORATIONNamed in complaintNamed in settlement
• FAULKNER CONSTRUCTION COMPANYNamed in complaintNamed in settlement

Facilities (1)

• AUTONATION USA

  5725 USTA BLVD, SAN ANTONIO, TX, 78217

  Registry ID: 110010591760

Statutes cited

• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• AUTONATION USA CORPORATION AND FAULKNER CONSTRUCTIentered 1997-12-11

  Primary law: CWA

  Federal penalty: $15,000

Timeline (5 milestones)

• 1997-07-31Complaint Filed/Proposed Order
• 1997-08-07Enforcement Action Data Entered
• 1997-12-11Final Order Issued
• 1998-07-27Compliance Achieved
• 1998-07-27Enforcement Action Closed