EPA v. RUBEN'S ELECTROPLATING INCORPORATED, A TEXAS CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. RUBEN'S ELECTROPLATING INCORPORATED, A TEXAS CORPORATION ELECTROPLATING OF EL PASO 1040 HAWKINS EL PASO, EL PASO COUNTY, TEXAS 79915 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO MAKE A TIMELY APPLICATION FOR PERMIT COVERAGE FOR ITS SUBJECT ACTIVITIES AT THE FACILITY, AND WAS NOT COVERED BY A NPDES PERMIT AT THE RELEVANT TIMES FOR THE RELEVANT ACTIVITIES AS HAS BEEN REQUIRED FOR STORM WATER DISCHARGES FROM INDUSTRIAL ACTIVITIES SINCE OCT. 1, 1992. 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 COVERAGE, SUBMITTING A COPY OF THE APPLICATION, CONFIRMA- TION OF COVERAGE AND THE 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 RECURRENCE OF THE VIOLATIONS CITED AND TO COME IN TO COMPLIANCE WITH ALL OF THE APPLICABLE REQUIREMENTS OF THE PERMIT AND REGULATIONS, C) 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 VIOLATIONS, AND INCLUDE WITH THE REPORT A COPY OF THE STORM WATER POLLUTION PLAN PREPARED IN AC- CORDANCE WITH PERMIT REQUIREMENTS, C) IF THE RESPONDENT BELIEVES THAT 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 RECURRENCE OF THE VIOLATIONS IN THE SHORTEST TIME POS- SIBLE, AND WITHIN 45 OF THE AO, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• RUBEN'S ELECTROPLATING INCORPORATEDNamed in complaintNamed in settlement

Facilities (2)

• ELECTROPLATING OF EL PASO RUBENS

  1040 HAWKINS, EL PASO, TX, 79915

  Registry ID: 110001875720

• ELECTROPLATING OF EL PASO RUBENS

  1040 HAWKINS, EL PASO, TX, 79915

  Registry ID: 110001875720

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• RUBEN'S ELECTROLATING INCORPORATEDentered 1998-02-10

  Primary law: CWA

Timeline (4 milestones)

• 1998-02-10Complaint Filed/Proposed Order
• 1998-02-10Final Order Issued
• 1998-03-04Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed