EPA v. CARBON DEVELOPMENT CORPORATION, A TEXAS CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. CARBON DEVELOPMENT CORPORATION, A TEXAS CORPORATION FACILITY: CHAPEL HILL 300 EAST FM 3040 LEWISVILLE, DENTON COUNTY, TEXAS 75028 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO MAKE A TIMELY APPLICATION FOR PERMIT COVERAGE FOR ITS ACTIVITIES AT THE FACILITY, AND WAS NOT COVERED BY A NPDES PERMIT AT THE TIME OF THE INSPECTION FOR THE RELEVANT ACTIVITIES. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RESPOND- ENT TO: A) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE AO, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO COR- RECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RECUR- RENCE OF THE VIOLATIONS AND TO COME INTO COMPLIANCE WITH ALL OF THE APPLICABLE REQUIREMENTS OF THE PERMIT, B) WITH IN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAILING SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS AND EX- PLAINING WHY SUCH ACTIONS ARE ANTICIPATED TO BE SUFFIC- IENT TO PREVENT RECURRENCE OF THE VIOLATIONS, C) WITHIN 30 DAYS OF THE AO, SUBMIT A STORM WATER POLLUTION PREVEN- TION PLAN (SWPPP) DEVELOPED FOR THE PERMIT, AND D) AR- RANGE A SHOW CAUSE MEETING WITH EPA WITHIN 45 DAYS OF THE AO.

Defendants (1)

• CARBON DEVELOPMENT CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• CHAPEL HILL

  300 E FM 3040, LEWISVILLE, TX, 75028

  Registry ID: 110010642581

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CARBON DEVELOPMENT CORPORATIONentered 1997-11-14

  Primary law: CWA

Timeline (5 milestones)

• 1997-11-14Complaint Filed/Proposed Order
• 1997-11-14Final Order Issued
• 1997-11-21Enforcement Action Data Entered
• 1998-01-07Compliance Achieved
• 1998-01-07Enforcement Action Closed