EPA v. BARRY, BETTE, AND LED DUKE, AND BERKLEY INDUSTRIES, 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. BARRY, BETTE, AND LED DUKE, A NEW YORK CORPORATION BERKLEY INDUSTRIES, LTD., A TEXAS LIMITED PARTNERSHIP, KAL INTERNATIONAL CORP., A TEX- AS CORP., GENERAL PARTNER. D.B.A. PARAMOUNT PROPERTIES FACILITY: 5665 ARAPAHO ROAD DALLAS, DALLAS COUNTY, TEXAS 75248 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301(A) OF THE CWA BY 1) DISCHARGING POLLUTANTS FROM THE FACILITY TO WATERS OF THE U.S. WITHOUT AN NPDES PERMIT, 2) FAILED TO DEVELOPED A STORM WATER POLLUTION PREVENTION PLAN (SWPPP) FOR THE FACILITY, 3) FAILED TO IMPLEMENT SUFFICIENT BEST MANAGEMENT PRACTICES (BMP) AS REQUIRED, AND 4) HAVING IN- ADEQUATE EROSION CONTROLS IN PLACE AT THE FACILITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G)(2)(A) OF THE CWA EPA PROPOSES A CIVIL PENALTY OF $27,500, WHICH CONSTI- TUTES NO MORE THAN $11,000 PER DAY PER VIOLATION FOR EACH VIOLATION.

Defendants (2)

• BARRY, BETTE, AND LED DUKENamed in complaintNamed in settlement
• BERKLEY INDUSTRIES, LTD.Named in complaintNamed in settlement

Facilities (1)

• BARRY, BETTE, AND LED DUKE

  5665 ARAPAHO RD, DALLAS, TX, 75248

  Registry ID: 110010723360

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BARRY, BETTE, AND LED DUKEentered 1998-02-09

  Primary law: CWA

  Federal penalty: $12,000

Timeline (5 milestones)

• 1997-11-26Complaint Filed/Proposed Order
• 1997-12-04Enforcement Action Data Entered
• 1998-02-09Final Order Issued
• 1998-04-08Compliance Achieved
• 1998-04-21Enforcement Action Closed