EPA v. RICHARD CARTER D/B/A RICHARD CARTER CO.

Case summary

1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. RICHARD CARTER D/B/A RICHARD CARTER CO. FACILITY: I-30 AND COOKS LANE FORT WORTH, TARRANT COUNTY, TEXAS 76100 3. RESPONDENT AS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS TO WATERS OF THE U.S. WITHOUT 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: 1) WITHIN 30 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 30 DAYS OF THE AO, APPLY FOR AND OBTAIN PERMIT COVERAGE AND SUBMIT A COPY OF THE APPLICATION AND THE NPDES PER- MIT NUMBER TO EPA, 3) SUBMIT ANY POLLUTION PREVENTION PLAN DEVELOPED FOR COMPLIANCE WITH THE PERMIT, 4) IDENTI- FY THE NAMES AND MAILING ADDRESSES OF ALL PARTIES AT THE FACILITY THAT MEET THE DEFINITION OF OPERATOR, 5) IDENTI- FY THE NAMES, PHYSICAL ADDRESSES, AND NPDES PERMIT NUM- BERS OF ALL OF CONSTRUCTION OPERATIONS FOR WHICH THE RE- SPONDENT HAS BEEN A PARTY OF SINCE OCT. 1, 1992, AND 6) WITHIN 45 DAYS OF RECEIPT OF THE AO, APPEAR AT EPA OF- FICES AND SHOW CAUSE.

Defendants (1)

• RICHARD CARTERNamed in complaintNamed in settlement

Facilities (1)

• RICHARD CARTER CO

  I-30 AND COOKS LANE, FORT WORTH, TX, 76100

  Registry ID: 110010746345

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• RICHARD CARTER D/B/A RICHARD CARTER CO.entered 1997-05-19

  Primary law: CWA

Timeline (5 milestones)

• 1997-05-19Complaint Filed/Proposed Order
• 1997-05-19Final Order Issued
• 1997-08-29Compliance Achieved
• 1997-08-29Enforcement Action Closed
• 1997-09-26Enforcement Action Data Entered