EPA v. TRI STATE METALS, INC., A TEXAS CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. TRI STATE METALS, INC., A TEXAS CORPORATION 4110 EAST AMARILLO BOULEVARD AMARILLO, POTTER COUNTY, TEXAS 79107 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FA- CILITY WITHOUT NPDES PERMIT COVERAGE. 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) WITHIN 30 DAYS OF THE AO, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RE- CURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLI- ANCE WITH ALL OF THE APPLICABLE REQUIREMENTS OF THE PER- MIT, C) WITHIN 30 DAYS OF THEAO, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIO- LATIONS CITED AND EXPLAINING WHY SUCH ACTIONS ARE ANTICI- PATED TO BE SUFFICIENT TO PREVENT RECURRENCE OF THE VIO- LATIONS INCLUDING WITH THE REPORT A COPY OF THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) PREPARED IN AC- CORDANCE WITH PERMIT REGULATIONS, AND D) IF THE RESPOND- ENT BELIEVES 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 RE- CURRENCE OF THE VIOLATIONS IN THE SHORTEST TIME POSSIBLE.

Defendants (1)

• TRI STATE METALS, INC.Named in complaintNamed in settlement

Facilities (1)

• TRI STATE METALS INC

  4110 E AMARILLO BLVD, AMARILLO, TX, 791075703

  Registry ID: 110010726358

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• TRI STATE METALS, INC.entered 1998-02-17

  Primary law: CWA

Timeline (4 milestones)

• 1998-02-17Complaint Filed/Proposed Order
• 1998-02-17Final Order Issued
• 1998-03-10Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed