EPA v. DON CAVER D.B.A. AS TRUSTEE FOR THE FRY FAMILY TRUST

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. DON CAVER D.B.A. AS TRUSTEE FOR THE FRY FAMILY TRUST 2600 VILBIG DALLAS, DALLAS COUNTY, TEXAS 75212 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) TO THE RESPONDENT. THE AO ORDERS THE RESPONDENT TO: A) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE AO, MAKE A COMPLETE AND CORRECT AP- PLICATION FOR NPDES PERMIT COVERAGE, 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 NECESSARY TO CORRECT THE DEFICIEN- CIES AND ELIMINATE AND PREVENT RECURRENCE OF THE VIOLA- TIONS CITED AND TO COME INTO COMPLIANCE WITH ALL OF THE APPLICABLE REQUIREMENTS OF THE PERMIT AND REGULATIONS, C) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAIL- ING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED, EXPLAIN WHY SUCH ACTIONS ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT RECURRENCE OF THE VIOLATIONS, AND INCLUDE A COPY OF THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) PREPARED IN ACCORDANCE WITH PERMIT REQUIRE- MENTS, D) IF RESPONDENT BELIEVES COMPLETE CORRECTION OF THE VIOLATIONS IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A COMPREHENSIVE WRITTEN PLAN FOR ELIMINATION AND PREVENTION OF VIOLATIONS IN THE SHOREST TIME POSSIBLE, AND E) WITHIN 45 DAYS OF THE AO, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• FRY FAMILY TRUSTNamed in complaintNamed in settlement

Facilities (1)

• FRY FAMILY TRUST

  2600 VILBIG, DALLAS, TX, 75212

  Registry ID: 110010734722

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DON CAVER D.B.A. AS TRUSTEE FOR THE FRY FAMILY TRUentered 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
• 1998-05-12Compliance Achieved
• 1998-05-12Enforcement Action Closed