EPA v. ENRIQUE NEIRA, D/B/A ENRIQUE NEIRA WRECKING YARD

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. MR. ENRIQUE NEIRA FACILITY: ENRIQUE NEIRA WRECKING YARD 2176 SIMPSON SAN ANGELO, TOM GREEN COUNTY, TEXAS 76905 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, AP- PLY FOR AND OBTAIN NPDES PERMIT COVERAGE, SUBMITTING A COPY OF THE APPLICATION, CONFIRMATION OF COVERAGE, AND THE PERMIT NUMBER TO EPA; (B) WITHIN 30 DAYS, TAKE WHAT- EVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DE- FICIENCIES, ELIMINATE AND PREVENT RECURRENCE OF THE VIO- LATIONS, AND TO COME INTO COMPLIANCE; (C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS AND EXPLAINING HOW THEY WILL PREVENT RECURRENCE AND INCLUDE A COPY OF THE SWPPP; (D) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, SUBMIT A PLAN TO DO SO IN THE SHORTEST TIME POSSIBLE; AND (E) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• ENRIQUE NEIRANamed in complaintNamed in settlement

Facilities (1)

• ENRIQUE NEIRA WRECKING YARD

  2176 SIMPSON ST, SAN ANGELO, TX, 769058257

  Registry ID: 110010776124

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MR. ENRIQUE NEIRA, D/B/A ENRIQUE NEIRA WRECKING YAentered 1998-07-15

  Primary law: CWA

Timeline (4 milestones)

• 1998-07-15Complaint Filed/Proposed Order
• 1998-07-15Final Order Issued
• 1998-08-05Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed