EPA v. JOSE LOPEZ

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C SECTION 1319(A). 2. JOSE LOPEZ 5347 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 PERMIT COVER- AGE, SUBMITTING A COPY OF THE APPLICATION, CONFIRMATION OF COVERAGE, AND PERMIT NUMBER TO EPA, B) WITHIN 30 DAYS OF THE AO, SUBMIT A COPY OF THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) PREPARED FOR COMPLIANCE WITH THE PERMIT, C) WITHIN 30 DAYS OF THE AO, TAKE WHATEVER COR- RECTIVE 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 APPLIC- ABLE REQUIREMENTS OF THE PERMIT, D) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC AC- TIONS TAKEN TO CORRECT THE VIOLATIONS CITED AND EXPLAIN- ING WHY SUCH ACTIONS ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT RECURRENCE OF THE VIOLATIONS, AND E) IF THE RE- SPONDENT BELIEVES COMPLETE CORRECTION OF THE VIOLATIONS IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A DETAILED SCHEDULE FOR ELIMINATION AND PREVENTION OF THE VIOLATIONS.

Defendants (1)

• JOSE LOPEZNamed in complaintNamed in settlement

Facilities (1)

• JOSE LOPEZ

  5347 PRIME LANE, DALLAS, TX, 75236

  Registry ID: 110010654586

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• JOSE LOPEZentered 1998-01-15

  Primary law: CWA

Timeline (4 milestones)

• 1998-01-15Final Order Issued
• 1998-01-15Complaint Filed/Proposed Order
• 1998-02-05Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed