EPA v. AL LOWERY, INC.

Case summary

1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. AL LOWERY, INC., AN OKLAHOMA CORPORATION FACILITY: LOWERY ESTATES COUNCIL AND WILSHIRE OKLAHOMA CITY, OKLAHOMA COUNTY, OKLAHOMA 73100 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA. ACCORDING TO THE EPA DATABASE THAT RECORDS ALL APPLICA- TIONS FOR STORM WATER GENERAL PERMIT, RESPONDENT HAS NOT MADE APPLICATION FOR PERMIT COVERAGE FOR THE FACILITY, AND IS NOT 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: A) WITHIN 45 DAYS OF THE EFFECTIVE DATE OF THE AO, OBTAIN NPDES PERMIT COVERAGE BY SUBMITTING AN AP- PLICATION AND SUBMITTING A COPY OF THE APPLICATION WITH THE NPDES PERMIT NUMBER, WHEN ISSUED, TO EPA, B) SUBMIT ANY POLLUTION PREVENTION PLAN DEVELOPED FOR COMPLIANCE WITH THE PERMIT, AND C) WITHIN 45 DAYS OF RECEIPT OF THE AO, APPEAR AT EPA OFFICES AND SHOW CAUSE.

Defendants (1)

• AL LOWERY, INC.Named in complaintNamed in settlement

Facilities (1)

• LOWERY ESTATES

  COUNCIL AND WILSHIRE, OKLAHOMA CITY, OK, 73100

  Registry ID: 110010775660

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• AL LOWERY, INC.entered 1997-09-08

  Primary law: CWA

Timeline (4 milestones)

• 1997-09-08Complaint Filed/Proposed Order
• 1997-09-08Final Order Issued
• 1997-09-23Enforcement Action Data Entered
• 1997-09-29Enforcement Action Closed