EPA v. AIRBORNE FREIGHT CORPORATION

Case summary

1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. AIRBORNE FREIGHT CORPORATION, A WASHINGTON CORPORATION 103307 WETMORE ROAD SAN ANTONIO, BEXAR COUNTY, TEXAS 78216 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS TO THE CITY OF SAN ANTONIO STORM SEWER SYSTEM, THENCE TO SALADO CREEK, A 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 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, APPLY FOR AND OBTAIN NPDES PERMIT COV- ERAGE AND THE SUBMIT A COPY OF THE APPLICATION AND THE NPDES PERMIT NUMBER TO EPA, 3) SUBMIT ANY POLLUTION PRE- VENTION PLANS DEVELOPED FOR COMPLIANCE WITH THE PERMIT, 4) IDENTIFY ALL OTHER FACILITIES OWNED OR OPERATED BY RE- SPONDENT IN THE U.S., OR ITS TERRITORIES, WITH SIC CODE 4513 AND CORRESPONDING NPDES PERMIT NUMBER FOR EACH FA- CILITY, AND 5) WITHIN 45 DAYS OF THE AO, APPEAR AT EPA OFFICES AND SHOW CAUSE.

Defendants (1)

• AIRBORNE FREIGHT CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• AIRBORNE FREIGHT CORP

  10307 WETMORE RD, SAN ANTONIO, TX, 782164244

  Registry ID: 110010723351

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• AIRBORNE FREIGHT CORPORATIONentered 1997-06-20

  Primary law: CWA

Timeline (4 milestones)

• 1997-06-20Complaint Filed/Proposed Order
• 1997-06-20Final Order Issued
• 1997-09-29Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed