EPA v. GENE MESSER FORD OF AMARILLO, INC. & MIKE KLEIN GENERAL CONT

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. GENE MESSER FORD OF AMARILLO, INC., A TEXAS CORPORATION MIKE KLEIN GENERAL CONTRACTOR, INC., A TEXAS CORPORATION FACILITY: GENE MESSER FORD CONSTRUCTION PROJECT 3400 SONEY ROAD AMARILLO, POTTER COUNTY, TEXAS 79109 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO MAKE A TIMELY APPLICATION FOR PERMIT COVERAGE FOR THEIR ACTIVITIES AT THE FACILITY. 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 CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE PERMIT, B) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED 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) FOR THE PERMIT, AND D) WITHIN 45 DAYS OF THE AO, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (2)

• GENE MESSER FORD OF AMARILLO, INC.Named in complaintNamed in settlement
• MIKE KLEIN GENERAL CONTRACTOR, INC.Named in complaintNamed in settlement

Facilities (1)

• GENE MESSER FORD CONST PROJECT

  3400 SONEY RD, AMARILLO, TX, 79109

  Registry ID: 110010654540

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• GENE MESSER FORD OF AMARILLO, INC. AND MIKE KLEINentered 1997-12-24

  Primary law: CWA

Timeline (4 milestones)

• 1997-12-24Complaint Filed/Proposed Order
• 1997-12-24Final Order Issued
• 1998-01-06Enforcement Action Data Entered
• 1998-02-02Enforcement Action Closed