EPA v. CHEROKEE CONSTRUCTION, INC., A TEXAS CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. CHEROKEE CONSTRUCTION, INC., A TEXAS CORPORATION FACILITY: WEST RIDGE SUBDIVISION FM 2338 AND COUNTY ROAD 248 AUSTIN, WILLIAMSON COUNTY, TEXAS 787 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 THE RESPONDENT AN ADMINISTRATIVE ORDER (AO). THE AO ORDERED THE RESPONDENT TO: A) WITHIN 30 DAYS, APPLY FOR AND OBTAIN NPDES PERMIT COVERAGE, SUBMITTING A COPY OF THE APPLICATION, CONFIRMATION OF COVERAGE, AND THE AS- SIGNED PERMIT NUMBER TO EPA, B) WITHIN 30 DAYS, TAKE WHAT EVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DE- FICIENCIES AND ELIMINATE 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 AND EXPLAIN HOW THEY WILL PREVENT RECURRENCE, D) IDENTIFY, DESCRIBE AND GIVE THE LOCATION OF EACH CONSTRUCTION ACTIVITY IN THE U.S. OR ITS TERRORITORIES THAT ARE CURRENTLY ACTIVE OR IN THE PLANNING STAGES IN WHICH CHEROKEE CONSTRUCTION, INC., OR ITS PRESIDENT HAVE BEEN AN OWNER, PARTNER, GENERAL CONTRACTOR, CONSULTANT OR PARTICIPANT, E) PROVIDE ALL IN- FORMATION RELEVANT TO THOSE ACTIVITIES IN ACTION D, AND WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• CHEROKEE CONSTRUCTION, INC.Named in settlement

Facilities (1)

• WEST RIDGE SUBDIVISION

  FM 2338 AND COUNTY RD 248, AUSTIN, TX, 78701

  Registry ID: 110010791456

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CHEROKEE CONSTRUCTION, INC.entered 1999-03-23

  Primary law: CWA

Timeline (4 milestones)

• 1999-03-23Complaint Filed/Proposed Order
• 1999-03-23Final Order Issued
• 1999-03-31Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed