EPA v. TEXAS CRIMINAL JUSTICE CENTER

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. 4511 SPRINGDALE VENTURE SAM MIKHAIL, P.E. CHASCO CONTRACTING, INC. TEXAS CRIMINAL JUSTICE CENTER (FACILITY) 4511 SPRINGDALE ROAD AUSTIN, TRAVIS COUNTY, TEXAS 78721 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO MAKE A TIMELY APPLICATION FOR PERMIT COVER- AGE FOR THEIR ACTIVITIES AT THE FACILITY, AND WERE NOT COVERED BY A NPDES PERMIT AT THE RELEVANT TIMES FOR THE RELEVANT ACTIVITIES, AND BY FAILING TO IMPLEMENT ADEQUATE BEST MANAGEMENT PRACTICES FOR PROTECTION OF THE RECEIVING WATERS. 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 COVERAGE UN- DER AN NPDES PERMIT AND SUBMIT TO EPA A COPY OF THE AP- PLICATION, CONFIRMATION OF COVERAGE AND THE PERMIT NUM- BER, B) WITHIN 30 DAYS OF THE AO, TAKE WHATEVER CORRECT- IVE ACTION IS NECESSARY TO CORRECT DEFICIENCIES AND ELIM- INATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED, AND COME INTO COMPLIANCE WITH ALL OF THOSE APPLICABLE RE- QUIREMENTS OF THE PERMIT, C) WITHIN 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 D) WITHIN 45 DAYS OF THE AO, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (3)

• 4511 SPRINGDALE VENTURENamed in complaintNamed in settlement
• CHASCO CONTRACTING, INC.Named in complaintNamed in settlement
• SAM MIKHAIL, P.E.Named in complaintNamed in settlement

Facilities (1)

• 4511 SPRINGDALE VENTURE

  4511 SPRINGDALE RD, AUSTIN, TX, 78721

  Registry ID: 110010654737

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• TEXAS CRIMINAL JUSTICE CENTERentered 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