EPA v. JOSE ANTONIO ESCARZAGA, D/B/A/ TONY'S AUTO SALVAGE

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. JOSE ANTONIO ESCARZAGA, D/B/A/ TONY'S AUTO SALVAGE 8499 LINDALOE DALLAS, DALLAS COUNTY, TEXAS 75236 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FA- CILITY WITHOUT A STORM WATER POLLUTION PREVENTION PLAN (SWPPP). 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 TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT THE RECURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLIANCE WITH ALL OF THE APPLICABLE REQUIREMENTS OF THE PEMIT, B) WITH- IN 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 SWPPP PREPARED IN ACCORDANCE WITH PERMIT REQUIREMENTS, C) IF THE RESPONDENT BELIEVES COMPLETE CORRECTION OF THE VIOLATIONS IS NOT POSSIBLE WITH 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, AND D) WITHIN 45 DAYS OF THE AO, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• JOSE ANTONIO ESCARZAGANamed in complaintNamed in settlement

Facilities (1)

• TONY'S AUTO SALVAGE

  8499 LINDALOE LANE, DALLAS, TX, 75236

  Registry ID: 110010698058

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• JOSE ANTONIO ESCARZAGA, D/B/A/ TONY'S AUTO SALVAGEentered 1998-02-17

  Primary law: CWA

Timeline (4 milestones)

• 1998-02-17Complaint Filed/Proposed Order
• 1998-02-17Final Order Issued
• 1998-03-12Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed