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. FACILITY: 18310 MARKET STREET CHANNELVIEW, HARRIS COUNTY, TEXAS 77530 3. THE RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY BEING IN VIOLATION OF THE CONDITIONS OF ITS PERMIT BY: (1) ONE OUTFALL LISTED IN PERMIT BUT USING TWO; (2) COL- LECTING PHENOLS IN A GRAB SAMPLE RATHER THAN COMPOSITE; (3) CHAIN OF CUSTODY RECORDS ARE MISSING THE TIME THE SAMPLES WERE COLLECTED; (4) PH RECORDS ARE INCOMPLETE; (5) INADEQUATE DESCRIPTION OF THE SAMPLE LOCATION; (6) FAILING TO MAINTAIN OH CALIBRATION LOG; (7) INCOMPLETE AND INCORRECT DMRS; (8) SAMPLES COLLECTED ARE REFRIGER- ATED BUT ARE CHEMICALLY PRESERVED; AND (9) FAILING TO USE THE APPROVED METHODOLOGY FOR THE DETERMINATION OF O&G IN WASTEWATER. 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, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS; B) WITIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS AND HOW THEY WILL PREVENT RECURRENCE; AND C) IF RESPONDENT CANNOT CORRECT THE VIO- LATIONS IN 30 DAYS, SUBMIT A PLAN TO DO SO IN THE SHORT- EST TIME POSSIBLE.

Defendants (2)

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

Facilities (2)

• SOUTHWEST SHIPYARD L P

  18310 MARKET ST., CHANNELVIEW, TX, 77530

  Registry ID: 110000463533

• SOUTHWEST SHIPYARD L P

  18310 MARKET ST., CHANNELVIEW, TX, 77530

  Registry ID: 110000463533

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• SOUTHWEST SHIPYARD, L.P.entered 1998-06-12

  Primary law: CWA

Timeline (5 milestones)

• 1998-06-12Complaint Filed/Proposed Order
• 1998-06-12Final Order Issued
• 1998-07-10Enforcement Action Data Entered
• 1998-07-20Enforcement Action Closed
• 1998-07-20Compliance Achieved