EPA v. ELF ATOCHEM NORTH AMERICA, INC., A PENNSYLVANIA CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. ELF ATOCHEM NORTH AMERICA, INC., A PENNSYLVANIA CORP. 201 WEST DODGE STREET BRYAN, BRAZOS COUNTY, TEXAS 77801 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FA- CILITY WITHOUT A STORM WATER 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, AP- PLY FOR A STORM WATER PERMIT, SUBMITTING A COPY OF THE APPLICATION, CONFIRMATION OF COVERAGE, AND THE ASSIGNED PERMIT NUMBER TO EPA, B) WITHIN 30 DAYS, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIEN- CIES AND ELIMINATE AND PREVENT RECURRENCE OF THE VIOLA- TIONS CITED AND COME INTO COMPLIANCE, C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS AND EXPLAIN HOW THEY WILL PREVENT RECURRENCE, AND INCLUDE A COPY OF THE SWPPP FOR THE FACILITY, D) IF NOT POSSIBLE TO CORRECT THE VIOLA- TIONS WITHIN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHEN- SIVE PLAN TO DO SO IN THE SHORTEST REASONABLE TIME, AND E) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• ELF ATOCHEM NORTH AMERICA, INC.Named in settlement

Facilities (1)

• ELF ATOCHEM N A INCORPORATED

  201 W. DODGE ST., BRYAN, TX, 77801

  Registry ID: 110000464293

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ELF ATOCHEM NORTH AMERICA, INC.entered 1999-01-14

  Primary law: CWA

Timeline (5 milestones)

• 1999-01-14Complaint Filed/Proposed Order
• 1999-01-14Final Order Issued
• 1999-01-29Enforcement Action Data Entered
• 1999-08-24Compliance Achieved
• 1999-08-24Enforcement Action Closed