EPA v. YOUNG CONTRACTORS, INC.

Case summary

1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. YOUNG CONTRACTORS, INC., FORMERLY YOUNG BROTHERS, INC. FACILITY: MADDOX SITE FM1633 AND BAINES CREEK WACO, LIMESTONE COUNTY, TEXAS 76703 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY NOT HAVING AN NPDES PERMIT TO DISCHARGE TO BAINES CREEK, THENCE TO THE NAVASOTA RIVER, WHICH ARE WATERS OF THE U.S. 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 AND SUB- MIT A COPY OF THE APPLICATION AND THE PERMIT NUMBER TO EPA, 3) SUBMIT ANY POLLUTION PREVENTION PLAN DEVELOPED FOR COMPLIANCE WITH THE PERMIT, 4) IDENTIFY THE NUMBER OF ACRES THAT THE RESPONDENT HAS PLANS TO DISTURB AT THE FA- CILITY FOR THE COMMON PLAN OF DEVELOPMENT OR SALE, 5) SUBMIT ANY ENGINEERING PLANS IDENTIFYING THE FACT THAT THE FACILITY WAS DESIGNED, CONSTRUCTED AND MAINTAINED TO CONTAIN OR TREAT THE VOLUME OF WASTE WATER WHICH WOULD RESULT FROM A 10-YEAR 24-HOUR PRECIPITATION EVENT, 6) AP- PEAR AT EPA OFFICES AND SHOW CAUSE, AND 7) WITHIN 45 DAYS OF THE AO, ARRANGE TO MEET WITH EPA.

Defendants (1)

• YOUNG CONTRACTORS, INC.Named in complaintNamed in settlement

Facilities (1)

• MADDOX SITE

  FM1633 AND BAINES CREEK, WACO, TX, 76703

  Registry ID: 110010757314

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• YOUNG CONTRACTORS, INC.entered 1997-06-20

  Primary law: CWA

Timeline (4 milestones)

• 1997-06-20Complaint Filed/Proposed Order
• 1997-06-20Final Order Issued
• 1997-09-25Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed