EPA v. LOE'S HIGHPORT INC., A TEXAS CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. LOE'S HIGHPORT INC., A TEXAS CORPORATION LOE'S HIGHPORT MARINA ROUTE 3, BOX 513A, BY TANGLEWOOD ON LAKE TEXOMA POTTSBORO, GRAYSON COUNTY, TEXAS 75076 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 ORDERED THE RESPONDENT TO: A) WITHIN 30 DAYS, APPLY FOR AND OBTAIN NPDES PERMIT COVERAGE, SUBMIT A COPY OF THE APPLICATION, CONFIRMATION OF COVERAGE, AND THE PERMIT NUMBER TO EPA, B) WITHIN 30 DAYS, TAKE WHATEVER 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, EXPLAIN WHY SUCH ACTIONS WILL PREVENT RECURRENCE, AND SUBMIT A COPY OF THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) PREPARED FOR THE FACILITY, D) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO CORRECT AND PREVENT RECURRENCE OF THE VIOLATIONS IN THE SHORTEST TIME POSSIBLE, AND E) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• LOE'S HIGHPORT INC.Named in complaintNamed in settlement

Facilities (1)

• LOES HIGHPORT MARINA INC

  HIGHPORT RD, RT 3, BOX 513A, POTTSBORO, TX, 75076

  Registry ID: 110010655781

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• LOE'S HIGHPORT INC.entered 1998-08-17

  Primary law: CWA

Timeline (5 milestones)

• 1998-08-17Complaint Filed/Proposed Order
• 1998-08-17Final Order Issued
• 1998-09-08Enforcement Action Data Entered
• 1999-09-28Compliance Achieved
• 1999-09-28Enforcement Action Closed