EPA v. EMBREY DEVELOPMENT COMPANY

Case summary

1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. EMBREY PARTNERS, LTD., A TEXAS GENERAL PARTNERSHI, BY EM- BREY DEVELOPMENT COMPANY, GENERAL PARTNER FACILITY: LANTANA APARTMENT CONSTRUCTION SITE WILLIAM CANON ROAD AT VEGA AVENUE AUSTIN TRAVIS COUNTY, TEXAS 78746 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY ENGAGING IN INDUSTRIAL ACTIVITY WITHOUT BEING COVERED BY AN NPDES PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A)(3) OF THE CWA, EPA ISSUED AN ADMINSTRATIVE 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 COVERAGE AND SUBMIT COPY OF APPLICATION AND PERMIT NUMBER TO EPA, 3) SUBMIT ANY POLLUTION PREVENTION PLANS DEVELOP- ED FOR COMPLIANCE WITH THE PERMIT, 4) IDENTIFY ALL PAR- TIES AT THE RESPONDENT'S FACILITY THAT MEET THE DEFINI- TION OF OPERATOR, 5) APPEAR AT EPA OFFICES AND SHOW CAUSE AND 5) WITHIN 45 DAYS OF THE AO, ARRANGE A MEETING WITH EPA.

Defendants (1)

• EMBREY DEVELOPMENT COMPANYNamed in complaintNamed in settlement

Facilities (1)

• LANTANA APARTMENTS CONST SITE

  6636 WEST WILLIAM CANNON DRIVE_AT VEGA AVE, AUSTIN, TX, 78746

  Registry ID: 110010642377

Statutes cited

• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• EMBREY DEVELOPMENT COMPANYentered 1997-06-30

  Primary law: CWA

Timeline (4 milestones)

• 1997-06-30Complaint Filed/Proposed Order
• 1997-06-30Final Order Issued
• 1997-10-03Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed