EPA v. FLAGRIDGE ESTATES JOINT VENTURE

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. FLAGRIDGE ESTATES JOINT VENTURE, A TEXAS JOINT VENTURE NORTH OF HIGHWAY 2004 AND EAST OF HIGHWAY 288 CLUTE, BRAZORIA COUNTY, TEXAS 77531 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 REVELANT TIMES FOR REVELANT AC- TIVITIES. 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. MAKE A COMPLETE AND CORRECT APPLICATION FOR NPDES PERMIT COVERAGE FOR STORM WATER DISCHARGES, SUBMITTING A COPY OF THE PERMIT APPLICATION AND A COPY OF THE CONFIRM- TION OF COVERAGE WITH THE PERMIT NUMBER TO EPA, B) WITHIN 30 DAYS OF THE AO, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS AND TO COME INTO COMPLIANCE WITH ALL OF THE APPLICABLE REQUIREMENTS OF THE PERMIT, C) WITHIN 30 DAYS OF THE AO, SUBMIT A REPORT DE- TAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLA- TIONS AND EXPLAINING WHY SUCH ACTIONS ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT RECURRENCE OF THE VIOLATIONS, AND D) ARRANGE A SHOW CAUSE MEETING WITH EPA WITHIN 45 DAYS OF THE AO.

Defendants (1)

• FLAGRIDGE ESTATES JOINT VENTURENamed in complaintNamed in settlement

Facilities (1)

• NORTH WOOD ESTATES

  HWY 2004N AND HWY 288E, LAKE JACKSON, TX, 77566

  Registry ID: 110010642493

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• FLAGRIDGE ESTATES JOINT VENTUREentered 1997-10-22

  Primary law: CWA

Timeline (4 milestones)

• 1997-10-22Complaint Filed/Proposed Order
• 1997-10-22Final Order Issued
• 1997-11-21Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed