EPA v. PROGRESSIVE, INC., A TEXAS CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. PROGRESSIVE, INC., A TEXAS CORPORATION 1030 COMMERCIAL BOULEVARD NORTH ARLINGTON, TARRANT COUNTY, TEXAS 76017 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO MAKE A TIMELY APPLICATION FOR PERMIT COVERAGE FOR ITS ACTIVITIES AT THE FACILITY, AND WAS NOT COVERED UNDER THE 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 THE PERMIT NUMBER TO EPA, B) WITHIN 30 DAYS OF THE AO, TAKE WHATEVER CORRECTIVE ACTION IS NECES- SARY TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PRE- VENT RECURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLIANCE WITH ALL OF THE APPLICABLE REQUIREMENTS OF THE PERMIT, C) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN RE- PORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED AND EXPLAINING WHY SUCH ACTIONS ARE AN- TICIPATED TO BE SUFFICIENT TO PREVENT RECURRENCE OF THE VIOLATIONS, D) IF THE RESPONDENT BELIEVES COMPLETE COR- RECTION OF THE VIOLATIONS IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A DETAILED SCHEDULE FOR ELIMINATION AND PREVENTION OF RECURRENCE OF THE VIOLA- TIONS IN THE SHORTEST TIME POSSIBLE, AND E) WITHIN 45 DAYS OF THE AO, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• PROGRESSIVE, INC.Named in complaintNamed in settlement

Facilities (1)

• PROGRESSIVE INC

  1030 COMMERCIAL BLVD N, ARLINGTON, TX, 76017

  Registry ID: 110005009310

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PROGRESSIVE, INC.entered 1998-01-30

  Primary law: CWA

Timeline (4 milestones)

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