EPA v. SOUTHWEST SHIPYARD, L.P., A TEXAS LIMITED PARTNERSHIP

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. SOUTHWEST SHIPYARD, L.P., A TEXAS LIMITED PARTNERSHIP BY SEATTLE SHIPYARD, L.L.C., A TEXAS LIMITED LIABILITY CO., GENERAL PARTNER 18310 MARKET STREET HIGHLAMDS, HARRIS COUNTY, TEXAS 77530 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301 OF THE CWA BY 1) CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FACILITY WITHOUT NPDES PERMIT COVERAGE FROM NOV. 4, 1996, THRU JAN. 9, 1997, AND 2) DISCHARGING FROM THE SAN- ITARY SEWER TREATMENT PLANT AND THE STEAM DOCK WITHOUT AUTHORIZATION OF A PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) TO THE RESPONDENT. THE AO ORDERS THE RESPONDENT 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 RECURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLIANCE WITH ALL OF THE APPLICABLE REQUIRE- MENTS OF THE PERMIT, B) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED AND EXPLAINING WHY SUCH AC- TIONS ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT RECUR- RENCE OF THE VIOLATIONS, C) IF PERMITTEE BELIEVES COM- PLETE CORRECTION OF THE VIOLATIONS IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A COMPREHENSIVE WRITTEN PLAN FOR ELIMINATION AND PREVENT OF THE VIOLA- TIONS IN THE SHORTEST TIME POSSIBLE, AND D) WITHIN 45 DAYS OF THE AO, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (2)

• SOUTHWEST SHIPYARD, L.P.Named in complaintNamed in settlement
• SEATTLE SHIPYRD, L.L.C.Named in complaintNamed in settlement

Facilities (2)

• SOUTHWESTERN BARGE FLEET SERVICE INC

  18310 MARKET ST RD, CHANNELVIEW, TX, 77530

  Registry ID: 110000463533

• SOUTHWESTERN BARGE FLEET SERVICE INC

  18310 MARKET ST RD, CHANNELVIEW, TX, 77530

  Registry ID: 110000463533

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• SOUTHWEST SHIPYARD, L.P.entered 1998-03-06

  Primary law: CWA

Timeline (5 milestones)

• 1998-03-06Complaint Filed/Proposed Order
• 1998-03-06Final Order Issued
• 1998-04-07Enforcement Action Data Entered
• 1998-11-17Compliance Achieved
• 1998-11-17Enforcement Action Closed