EPA v. DAVID WHITAKER D/B/A DAVID'S AUTO WRECKER

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. DAVID WHITAKER D/B/A DAVID'S AUTO WRECKER 8403 LINDALOE 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 AC- TIVITIES. 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 THE PERMIT NUMBER TO EPA, B) WITHIN 30 DAYS OF THE AO, SUBMIT A COPY OF THE STORM WATER POLLU- TION PREVENTION PLAN (SWPPP) PREPARED FOR COMPLIANCE WITH THE PERMIT, C) WITHIN 30 DAYS OF THE AO, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIEN- CIES AND ELIMINATE AND PREVENT RECURRENCE OF THE VIOLA- TIONS AND TO COME INTO COMPLIANCE WITH ALL APPLICABLE RE- QUIREMENTS 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 EXPLAINING WHY SUCH ACTIONS ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT RECURRENCE OF THE VIOLATION, E) IF THE RESPONDENT BE- LIEVES COMPLETE CORRECTION OF THE VIOLATIONS IS NOT POSS- IBLE 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)

• DAVID'S AUTO WRECKERNamed in complaintNamed in settlement

Facilities (1)

• DAVID'S AUTO WRECKER

  8403 LINDALOE LANE, DALLAS, TX, 75236

  Registry ID: 110010653729

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DAVID WHITAKER D/B/A DAVID'S AUTO WRECKERentered 1998-01-15

  Primary law: CWA

Timeline (5 milestones)

• 1998-01-15Complaint Filed/Proposed Order
• 1998-01-15Final Order Issued
• 1998-02-05Enforcement Action Data Entered
• 2000-04-14Compliance Achieved
• 2000-04-14Enforcement Action Closed