EPA v. FINE ORGANICS CORPORATION, A DELAWARE CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. FINE ORGANICS CORPORATION, A DELAWARE CORPORATION EAST OF CEDAR BAYOU, APPROX. 2.5 MILES SOUTH OF STATE HIGHWAY 146 CEDAR BAYOU BRIDGE NORTHEAST OF BATTOWN, HARRIS COUNTY, TEXAS 77002 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO ANALYZE AND REPORT THE DISCHARGE OF UNCONTAM- INATED STORMWATER RUNOFF FROM THE PROPERTY AND NOT HAVING A TOTALIZING METER INSTALLED AT THE OUTFALL, AND BY NOT MAINTAINING NPDES COMPLIANCE RECORDS FOR THE PREVIOYS 3 YEARS. 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, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED AND BEGIN SAM- PLING AND ANALYZING THE UNCONTAMINATED STORMWATER RUNOFF, B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS AND EX- PLAINING HOW THEY WILL PREVENT RECURRENCE, C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST TIME POSSIBLE, AND D) BEGIN RETAINING RECORDS FOR 3 YEARS.

Defendants (1)

• FINE ORGANICS CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• WEST BAY ORGANICS

  6655 WEST BAY ROAD, BAYTOWN, TX, 77520

  Registry ID: 110000506505

• WEST BAY ORGANICS

  6655 WEST BAY ROAD, BAYTOWN, TX, 77520

  Registry ID: 110000506505

• WEST BAY ORGANICS

  6655 WEST BAY ROAD, BAYTOWN, TX, 77520

  Registry ID: 110000506505

• WEST BAY ORGANICS

  6655 WEST BAY ROAD, BAYTOWN, TX, 77520

  Registry ID: 110000506505

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• FINE ORGANICS CORPORATIONentered 1998-10-30

  Primary law: CWA

Timeline (5 milestones)

• 1998-10-30Complaint Filed/Proposed Order
• 1998-10-30Final Order Issued
• 1998-11-05Enforcement Action Data Entered
• 1999-07-14Compliance Achieved
• 1999-07-14Enforcement Action Closed