EPA v. TRIANGLE DEVELOPMENT COMPANY, A MINNESOTA CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. TRIANGLE DEVELOPMENT COMPANY, A MINNESOTA COMPANY FACILITY: PENNSYLVANIA PLACE 8520 SOUTH PENNSYLVANIA OKLAHOMA CITY, OKLAHOMA COUNTY, OKLAHOMA 73159 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY VIOLATING THE FOLLOWING CONDITIONS OF ITS PERMIT: 1) STORMWATER POLLUTION PREVENTION PLAN (SWPPP) DID NOT PRO- VIDE REQUIREMENT FOR CONDUCTING OF INSPECTIONS, 2) DID NOT PROVIDE A SWPPP THAT IDENTIFIED THE TYPES OF POLLUT- ANTS TO LOOK FOR DURING INSPECTIONS AND WHAT AREAS TO IN- SPECT FOR EVIDENCE OF POLLTANT POTENTIAL, 3) DID NOT PRO- VIDE A SWPPP THAT AFFORDED A REPORT SUMMARIZING THE SCOPE OF THE INSPECTION, NAMES(S), AND QUALIFICATIONS OF THE PERSONNEL MAKING THE INSPECTIONS, DATES OF INSPECTIONS, AND MAJOR OBSERVATIONS RELATING TO THE IMPLEMENTATION OF THE SWPPP, 4) DID NOT MAINTAIN INSPECTIONS REPORTS AS RE- QUIRED FOR CORPORATIONS, AND DID NOT PROPERLY OPERATE AND MAINTAIN ALL FACILITIES AND SYSTEMS OF TREATMENT AND CON- TROL. 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 OF THE APPLICABLE REQUIREMENTS OF THE PERMIT, B) WITH 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED AND EXPLAINING WHY SUCH ACTIONS ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT RECURRENCE OF THESE VIOLATIONS, AND C) WITHIN 45 DAYS OF THE AO, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• TRIANGLE DEVELOPMENT COMPANYNamed in complaintNamed in settlement

Facilities (1)

• PENNSYLVANIA PLACE

  8520 S PENNSYLVANIA, OKLAHOMA CITY, OK, 73159

  Registry ID: 110010654728

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• TRIANGLE DEVELOPMENT COMPANYentered 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