EPA v. HOWITZER INVESTMENTS, L.L.P.

Case summary

1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. HOWITZER INVESTMENTS, L.L.P. P.O. BOX 825 WAXAHACHIE, ELLIS COUNTY, TEXAS 75168 FACILITY: SW CORNER OF I-35 AND RED OAK ROAD, ELLIS COUNTY, TEXAS. 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS TO WATERS OF THE U.S. WITHOUT AN NPDES PERMIT, FROM THE PROJECT START DATE OF SEPT. 15, 1996, UNTIL OBTAINING NPDES PERMIT COVERAGE EFFECTIVE FEB. 15, 1997. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A)(3) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RE- SPONDENT TO 1) WITHIN 45 DAYS OF THE EFFECTIVE DATE OF THE AO, SUBMIT ANY INFORMATION DETAILING WHY THE FACILITY HAS NOT COMPLIED WITH SECTION 301 OF THE CWA, 2) WITHIN 45 DAYS OF THE AO, OBTAIN NPDES PERMIT COVERAGE, 3) SUB- MIT ANY POLLUTION PREVENTION PLAN DEVELOPED, 4) IDENTIFY THE NAMES AND ADDRESSES OF ALL OPERATORS AT THE FACILITY, AND 5) APPEAR AT EPA AND SHOW CAUSE.

Defendants (1)

• HOWITZER INVESTMENTS, L.L.P.Named in complaintNamed in settlement

Facilities (1)

• HOWITZER INVESTMENTS, L.L.P.

  SW CORNER OF I-35 AND RED OAK RD, WAXAHACHIE, TX, 75165

  Registry ID: 110010651589

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• HOWITZER INVESTMENTS, L.L.P.entered 1997-08-01

  Primary law: CWA

Timeline (4 milestones)

• 1997-08-01Complaint Filed/Proposed Order
• 1997-08-01Final Order Issued
• 1997-08-13Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed