EPA v. MR. DAVID FAIRCHILD, D/B/A/ APLEX AUTO SALVAGE AND WRECKING

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. MR. DAVID FAIRCHILD FACILITY: APLEX AUTO SALVAGE AND WRECKING 2757 WEST FM 2105 SAN ANGELO, TOM GREEN COUNTY, TEXAS 76901 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 VIOLATION 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)

• DAVID FAIRCHILDNamed in complaintNamed in settlement

Facilities (1)

• APLEX AUTO SALVAGE & WRECKING

  2757 W FM 2105, SAN ANGELO, TX, 76901

  Registry ID: 110010926971

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MR. DAVID FAIRCHILD, D/B/A/ APLEX AUTO SALVAGE ANDentered 1998-07-15

  Primary law: CWA

Timeline (5 milestones)

• 1998-07-15Complaint Filed/Proposed Order
• 1998-07-15Final Order Issued
• 1998-08-05Enforcement Action Data Entered
• 1999-09-03Compliance Achieved
• 1999-09-03Enforcement Action Closed