EPA v. LEGNA LAND DEVELOPMENT CO., A TEXAS CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. LEGNA LAND DEVELOPMENT CO., A TEXAS CORPORATION FACILITY: A RESIDENTIAL DEVELOPMENT NORTHEAST CORNER OF FAIRMONT PARKWAY AND PECAN CROSSING LANE LA PORTE, HARRIS COUNTY, TEXAS 77571 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, EXPLAINING WHY SUCH ACTIONS ARE ANTICIPATED TO BE SUFFIC- IENT TO PREVENT RECURRENCE OF THE VIOLATIONS, AND INCLUDE A COPY OF THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) PREPARED IN ACCORDANCE WITH PERMIT REQUIREMEMTS, D) IF RESPONDENT BELIEVES COMPLETE CORRECTION OF THE VIO- LATIONS IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A COMPREHENSIVE WRITTEN PLAN FOR ELIMINA- TION AND PREVENTION OF VIOLATIONS IN THE SHORTEST TIME POSSIBLE, AND E) WITHIN 45 DAYS OF THE AO, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• LEGNA LAND DEVELOPMENT CO.Named in complaintNamed in settlement

Facilities (1)

• LEGNA LAND DEVELOPMENT CO.

  NE CORNER FAIRMONT PKY AND PECAN CROSSING LANE, LA PORTE, TX, 77571

  Registry ID: 110010734606

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• LEGNA LAND DEVELOPMENT CO.entered 1998-03-20

  Primary law: CWA

Timeline (5 milestones)

• 1998-03-20Final Order Issued
• 1998-03-20Complaint Filed/Proposed Order
• 1998-04-07Enforcement Action Data Entered
• 2000-06-06Compliance Achieved
• 2000-06-06Enforcement Action Closed