EPA v. ATRIA COMMUNITIES, INC, A DELAWARE CORP./M. W. BUILDERS, INC

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. ATRIA COMMUNITIES, INC., A DELAWARE CORPORATION M.W. BUILDERS, INC., A MISSOURI CORPORATION FACILITY: CONSTRUCTION PROJECT 3975 WILLIAN D. TATE AVENUE GRAPEVINE, TARRANT COUNTY, TEXAS 76051 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO MAKE A TIMELY OR CORRECT APPLICATION FOR PERMIT COVERAGE FOR THEIR ACTIVITIES AT THE FACILITY, AND WERE NOT COVERED BY A NPDES PERMIT AT THE RELEVANT TIMES FOR THE RELEVANT ACTIVITIES. 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, MAKE A COMPLETE AND CORRECT APPLICATION FOR PERMIT COVERAGE, SUBMITTING A COPY OF THE APPLICATION, CONFIRMATION OF COVERAGE, AND THE ASSIGNED PERMIT NUMBER TO EPA, B) WITH- IN 30 DAYS, TAKE WHATEVER CORECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RE- CURRENCE OF THE VIOLATIONS CITED, AND TO COME INTO COM- PLIANCE, C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DE- TAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLA- TIONS AND EXPLAIN HOW THEY WILL PREVENT RECURRENCE, AND D) PROVIDE INFORMATION ON ANY CONSTRUCTION PROJECT COM- MENCED IN ANY RESPECT, AT WHICH EITHER RESPONDENT IS AN OWNER, DEVELOPER, PARTNER, GENERAL CONTRACTOR, OR PARTI- CIPANTS.

Defendants (2)

• ATRIA COMMUNITIES, INC.Named in settlement
• M. V. BUILDERS, INC.Named in settlement

Facilities (1)

• ATRIA COMMUNITIES INCORPORATED

  3975 WILLIAM D TATE AVENUE, GRAPEVINE, TX, 76051

  Registry ID: 110006800266

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ATRIA COMMUNITIES, INC./M. V. BUILDERS, INC.entered 1999-04-22

  Primary law: CWA

Timeline (5 milestones)

• 1999-04-22Complaint Filed/Proposed Order
• 1999-04-22Final Order Issued
• 1999-05-06Enforcement Action Data Entered
• 1999-08-19Compliance Achieved
• 1999-08-19Enforcement Action Closed