EPA v. BEAU DUNCAN

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. BEAU DUNCAN FACILITY: RESIDENTIAL CONSTRUCTION PROJECT CONCHO TRAIL OFF WHITE SETTLEMENT ROAD, 8 M W OF TEXAS STATE HIGHWAY 820 WEATHERFORD, TARRANT COUNTY, TEXAS 76087 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 RELEVANT TIMES FOR THE RELEVANT ACTIVITIES. 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 PERMIT COVER- AGE AND SUBMIT A COPY OF THE PERMIT APPLICATION, CONFIRM- ATION OF PERMIT COVERAGE, AND 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 CITED AND TO COME INTO COMPLIANCE WITH ALL OF THE APP;LICABLE REQUIRE- MENTS OF THE PERMIT, AND C) WITHIN 30 DAYS OF THE AO, SUBMIT A COPY OF THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) PREPARED AND IMPLEMENTED FOR THE FACILITY.

Defendants (1)

• BEAU DUNCANNamed in complaintNamed in settlement

Facilities (1)

• BEAU DUNCAN (UNNAMED CONST PROJECT)

  CONCHO TRAIL OFF WHITE SETTLEMENT RD, WEATHERFORD, TX, 76087

  Registry ID: 110010698209

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BEAU DUNCANentered 1997-11-28

  Primary law: CWA

Timeline (4 milestones)

• 1997-11-28Complaint Filed/Proposed Order
• 1997-11-28Final Order Issued
• 1998-01-07Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed