EPA v. TYLER IRON AND METAL, INC., A TEXAS CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. TYLER IRON AND METAL, INC., A TEXAS CORPORATION 1630 WEST NORTHWEST LOOP 323 TYLER, SMITH COUNTY, TEXAS 75712 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) FAILING TO MAKE A TIMELY APPLICATION FOR PERMIT COVER- AGE FOR ITS ACTIVITIES AT THE FACILITY AFTER SEPT. 9, 1997, AND WAS NOT COVERED BY AN NPDES PERMIT AFTER SEPT. 9, 197, AND 2) FAILING TO HAVE A STORM WATER POLLUTION PREVENTION PLAN (SWPPP) AVAILABLE TO THE INSPECTOR ON SITE AT THE TIME OF THE NPDES INSPECTION. 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 COVRAGE AND PERMIT NUMBER TO EPA, B) WITHIN 30 DAYS OF THE AO, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT THE RECURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COM- PLIANCE WITH ALL OF THE APPLICABLE REQUIREMENTS OF THE PERMIT, AND C) WITHIN 30 DAYS OF THE AO, SUBMIT AWRITTEN 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 VIOLATIONS.

Defendants (1)

• TYLER IRON AND METAL, INC.Named in complaintNamed in settlement

Facilities (1)

• TYLER IRON & METAL INC

  1630 W NW LOOP 323, TYLER, TX, 757021148

  Registry ID: 110010654648

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• TYLER IRON AND METAL, INC.entered 1998-01-30

  Primary law: CWA

Timeline (4 milestones)

• 1998-01-30Complaint Filed/Proposed Order
• 1998-01-30Final Order Issued
• 1998-02-05Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed