EPA v. JOSE GONZALEZ D/B/A GONZALEZ'S AUTO SALVAGE

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. JOSE GONZALEZ D/B/A GONZALEZ'S AUTO SALVAGE 5303 PRIME LANE DALLAS, DALLAS COUNTY, TEXAS 75236 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO MAKE A TIMELY APPLICATION FOR PERMIT COVERAGE FOR ITS ACTIVITY 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 COVERAGE UN- DER A THE PERMIT, SUBMITTING TO EPA A COPY OF THE APPLI- CATION, CONFIRMATION OF COVERAGE AND EPA PERMIT NUMBER TO EPA, B) WITHIN 30 DAYS OF THE AO, SUBMIT TO EPA A COPY OF THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) PRE- PARED FOR COMPLIANCE WITH THE PERMIT, C) WITHIN 30 DAYS OF THE AO, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RE- CURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLI- ANCE WITH ALL APPLICABLE REQUIREMENTS OF THE PERMIT, D) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAIL- ING THE SPECIFIC ACTIONS TAKEN TO CORRECT CITED AND EX- PLAINING WHY SUCH ACTIONS ARE ANTICIPATED TO BE SUFFIC- IENT TO PREVENT RCURRENCE OF THE VIOLATIONS, AND E) IF THE RESPONDENT BELIEVES COMPLETE CORRECTION OF THE VIOLA- TIONS IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A DETAILED SCHEDULE FOR ELIMINATION AND PREVENTION OF THE VIOLATIONS IN THE SHORTEST TIME POSSI- BLE.

Defendants (1)

• GONZALEZ'S AUTO SALVAGENamed in complaintNamed in settlement

Facilities (1)

• GONZALEZ'S AUTO SALVAGE

  5303 PRIME LANE, DALLAS, TX, 75236

  Registry ID: 110010654951

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• JOSE GONZALEZ D/B/A/ GONZALEZ'S AUTO SALVAGEentered 1998-01-15

  Primary law: CWA

Timeline (4 milestones)

• 1998-01-15Complaint Filed/Proposed Order
• 1998-01-15Final Order Issued
• 1998-02-04Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed