EPA v. UNIVERSITY OF TEXAS SYSTEMS, AN AGENCY OF THE STATE OF TEXAS

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. UNIVERSITY OF TEXAS SYSTEMS, AN AGENCY OF THE STATE OF TEXAS SILVERTON CONSTRUCTION CO., INC., A TEXAS CORPORATION MARTIN K. EBY CONSTRUCTION CO., A KANSAS CORPORATION HENSEL PHELPS CONSTRUCTION CO., A COLORADO CORPORATION FACILITY: MEMORIAL STADIUM, ATHLETIC FACILITY AND SOCCER STADIUM CONSTRUCTION PROJECT 2110 E. CAMPUS DRIVE AUSTIN, TRAVIS COUNTY, TEXAS 78701 3. RESPONDENTS UNIVERSITY OF TEXAS SYSTEMS, SILVERTON, AND EBY WERE IN VIOLATION OF SECTION 301 OF THE CWA BY CON- DUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FACILI- TIES WITHOUT NPDES PERMIT COVERAGE, AND RESPONDENT PHELPS WAS IN VIOLATION OF SECTION 301 OF THE CWA BY VIOLATING THE INTERIM STORM WATER POLLUTION PREVENTION PLAN (SWPPP) UNDER THE BASELINE PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED THE RESPONDENTS AN ADMINISTRATIVE ORDER (AO). THE AO ORDERED THE RESPONDENTS TO: A) WITHIN 30 DAYS, APPLY FOR AND OBTAIN NPDES PERMIT COVERAGE, SUBMITTING COPIES OF THE APPLICATIONS, CONFIRMATIONS OF COVERAGE, THE AS- SIGNED PERMIT NUMBERS TO EPA, B) TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES AND ELIM- INATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLIANCE, C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS, EXPLAIN HOW THOSE ACTIONS WILL PREVENT RECURRENCE, INCLUDE A COPY OF THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) IN ACCORDANCE WITH THE NEW PERMIT, INCLUDE A LIST OF ALL CONSTRUCTION ACTIVITIES BY ALL OF THE RESPONDENTS SINCE JAN. 1, 1998, THE NUMBER OF ACRES DISTURBED AT EACH SITE, AND THE ASSOCIATED NPDES PERMIT NUMBERS, AND D) WITHIN 45 DAYS, ARRANGE TO MEET EPA AND SHOW CAUSE.

Defendants (4)

• HENSEL PHELPS CONSTRUCTION CO.Named in settlement
• MARTIN K. EBY CONSTRUCTION CO.Named in settlement
• SILVERTON CONSTRUCTION CO.Named in settlement
• UNIVERSITY OF TEXAS SYSTEMSNamed in settlement

Facilities (1)

• MEMORIAL STADIUM, ATHLETIC FAC AND SOCCER ST

  2110 E CAMPUS DR, AUSTIN, TX, 78701

  Registry ID: 110010686908

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• UNIVERSITY OF TEXAS SYSTEMS, SILVERTON CONSTRUCTIOentered 1999-02-01

  Primary law: CWA

Timeline (5 milestones)

• 1999-02-01Complaint Filed/Proposed Order
• 1999-02-01Final Order Issued
• 1999-03-16Enforcement Action Data Entered
• 1999-11-04Compliance Achieved
• 1999-11-04Enforcement Action Closed