EPA v. 3040 PROPERTIES, L.C., A TEXAS LIMITED LIABILITY COMPANY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C SECTION 1319(A). 2. 3040 PROPERTIES, L.C. FACILITY: SOUTHRIDGE ADDITION CONSTRUCTION PROJECT FM 3040 AND EDMONDS DRIVE LEWISVILLE, DENTON COUNTY, TEXAS 75028 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) RESPONDENT DID NOT DEVELOP AND IMPLEMENT A STORM WATER POLLUTION PREVENTION PLAN (SWPPP), 2) NOT PLACING APPRO- PRIATE MEASURES IN PLACE TO MINIMIZE THE OFF-SITE TRACK- ING OF SEDIMENTS, 3) NOT IMPLEMENTING AND MAINTAINING AP- PROPRIATE CONTROLS AT THE SITE, AND 4) AN UNAUTHORIZED DISCHARGE OF CONCRETE TRUCK WASHOUT. 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 AND TO COME INTO COMPLIANCE WITH ALL THE 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 ACTION ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT RECURRENCE OF THE VIOLATIONS, C) WITHIN 30 DAYS OF THE AO, SUBMIT A SWPPP I ACCORDANCE WITH THE PERMIT APPLIED FOR, AND D) WITHIN 45 DAYS OF THE AO, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• 3040 PROPERTIES, L.C.Named in complaintNamed in settlement

Facilities (1)

• SOUTHRIDGE ADDITION CONST PROJECT

  FM 3040 AND EDMONDS DR, LEWISVILLE, TX, 75028

  Registry ID: 110010698174

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• 3040 PROPERTIES, L.C.entered 1997-11-28

  Primary law: CWA

Timeline (5 milestones)

• 1997-11-28Complaint Filed/Proposed Order
• 1997-11-28Final Order Issued
• 1997-12-18Compliance Achieved
• 1997-12-18Enforcement Action Closed
• 1998-01-07Enforcement Action Data Entered