EPA v. ALEX ZUNIGA

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. ALEX ZUNIGA 5307 X-RAY 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) SUBMIT TO EPA A COPY OF THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) PREPARED FOR COMPLIANCE WITH THE PERMIT APPLIED FOR, C) WITHIN 30 DAYS OF THE AO, TAKE WHATEVER CORRECTIVE 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 APPLICABLE REQUIRE- MENTS 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 AC- TIONS ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT RECUR- RENCE OF THE VIOLATIONS, AND E) IF THE RESPONDENT BE- LIEVES COMPLETE CORRECTION OF THE VIOLATIONS IS NOT POS- SIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A DETAILED SCHEDULE FOR ELIMINATION AND PREVENTION OF RE- CURRENCE OF THE VIOLATIONS IN THE SHORTEST TIME POSSIBLE.

Defendants (1)

• ALEX ZUNIGANamed in complaintNamed in settlement

Facilities (1)

• ALEX ZUNIGA

  5307 X-RAY LANE, DALLAS, TX, 75236

  Registry ID: 110010654620

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ALEX ZUNIGAentered 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