EPA v. CHURCHILL DEVELOPMENT CORPORATION

Case summary

1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. CHURCHILL DEVELOPMENT CORPORATION FACILITY: FAIRWAYS AT BARTON CREEK CONSTRUCTION SITE 2305 BARTON CREEK ROAD AUSTIN, TRAVIS COUNTY, TEXAS 78746 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 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 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 AN NPDES PERMIT AND SUBMIT A COPY OF THE APPLICATION AND PERMIT NUMBER TO EPA, 3) SUBMIT ANY POLLUTION PREVENTION PLANS DEVELOPED FOR COMPLIANCE WITH THE PERMIT, 4) IDENTIFY ALL PATRTIES AT THE FACILITY THAT MEET THE DEFINITION OF OPERATOR, 5) APPEAR AT EPA OFFICES AND SHOW CAUSE, AND 6) WITHIN 45 DAYS OF THE AO, ARRANGE A MEETING WITH EPA.

Defendants (1)

• CHURCHILL DEVELOPMENT CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• FAIRWAYS AT BARTON CREEK CONST SITE

  2305 BARTON CREEK BLVD.50, AUSTIN, TX, 78746

  Registry ID: 110010642411

Statutes cited

• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• CHURCHILL DEVELOPMENT CORPORATIONentered 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