EPA v. EMBREY PARTNERS, LTD.

Case summary

1. SECTION 309(G)(2)(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G)(2)(A). 2. EMBREY PARTNERS, LTD. A TEXAS LIMITED PARTNERSHIP, BY EMBREY DEVELOPMENT CO., A TEXAS CORP. AS GENERAL PARTNER FACILITY: LANTANA APARTMENTS 6636 WEST WILLIAM CANNON DRIVE AUSTIN, TRAVIS COUNTY, TEXAS 78711 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY DISCHARGING POLLUTANTS WITH STORM WATER FROM THE FACI- LITY TO WATERS OF THE U.S. WITHOUT AN NPDES PERMIT, AND FAILING TO HAVE A STORM WATER POLLUTION PREVENTION PLAN (SWPPP) ON-SITE. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G)(2)(A) OF THE CWA, EPA PROPOSED A CIVIL PENALTY OF $27,500, WHICH CON- STITUTES NO MORE THAN $11,000 PER DAY PER VIOLATION FOR EACH VIOLATION. THE PROPOSED PENALTY WAS DETERMINED BASED ON THE NUMBER OF VIOLATIONS, INCLUDING A CONSIDERATION OF THE DURATION OR CONTINUITY OF EACH VIOLATION, UP TO THE STATUTORY MAXIMUM PENALTY FOR EACH SEPARATE VIOLATION.

Defendants (1)

• EMBREY PARTNERS, LTD.Named 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 PARTNERS, LTD.entered 1998-02-04

  Primary law: CWA

  Federal penalty: $11,850

Timeline (5 milestones)

• 1997-11-26Complaint Filed/Proposed Order
• 1997-12-04Enforcement Action Data Entered
• 1998-02-04Final Order Issued
• 1998-03-13Compliance Achieved
• 1998-04-21Enforcement Action Closed