EPA v. THE HILLS OF BRIAR OAKS, L.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. THE HILLS OF BRIAR OAK, L.L.P., A TEXAS LIMITED PARTNER- SHIP FACILITY: CONSTRUCTION PROJECT COUNTY ROAD 4869 AND BRIAR ROAD DECATUR, WISE COUNTY, TEXAS 76234 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY CONDUCTING THE RELEVANT CONSTRUCTION ACTIVITIES AND OPER- ATING THE FACILITY 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, APPLY AND OBTAIN PERMIT COVERAGE, SUBMITTIN A COPY OF THE AP- PLICATION, PERMIT, AND PERMIT NUMBER TO EPA; B) WITHIN 30 DAYS, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES, ELIMINATE AND PREVENT RECUR- RENCE, AND COME INTO COMPLIANCE; C) WITHIN 30 DAYS, SUB- MIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS DE- TAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLA- TIONS AND EXPLAINING HOW THEY WILL PREVENT RECURRENCE; AND D) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, SUBMIT A PLAN TO DO SO IN THE SHORTEST TIME POS- SIBLE.

Defendants (1)

• THE HILLS OF BRIAR OAKS, L.L.P.Named in complaintNamed in settlement

Facilities (1)

• HILLS OF BRIAR OAKS, L.L.P., THE

  COUNTY RD 4869 AND BRIAR RD, DECATUR, TX, 76234

  Registry ID: 110010705898

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• THE HILLS OF BRIAR OAKS, L.L.P.entered 1998-06-30

  Primary law: CWA

Timeline (4 milestones)

• 1998-06-30Complaint Filed/Proposed Order
• 1998-06-30Final Order Issued
• 1998-07-13Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed