EPA v. LARRY OBAR D/B/A OBAR SCRAP & SALVAGE

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. LARRY OBAR D/B/A/ OBAR SCRAP & SALVAGE 908 EAST LOCUST TYLER, SMITH COUNTY, TEXAS 75702-6046 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 APPLI- CABLE REQUIREMENTS OF THE PERMIT, D) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED AND EX- PLAINING WHY SUCH ACTIONS ARE ANTICIPATED TO BE SUFFIC- IENT TO PREVENT RECURRENCE OF THE VIOLATIONS, E) IF THE RESPONDENT 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 IN THE SHORTEST TIME POSSIBLE.

Defendants (1)

• LARRY OBARNamed in complaintNamed in settlement

Facilities (1)

• OBAR SCRAP & SALVAGE

  906 E LOCUST ST, TYLER, TX, 757026046

  Registry ID: 110010782536

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• LARRY OBAR D/B/A OBAR SCRAP & SALVAGEentered 1998-01-15

  Primary law: CWA

Timeline (4 milestones)

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