EPA v. LINCOLN PROPERTY COMPANY, A TEXAS CORP. AND CENTEX CONSTRUCT

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. LINCOLN PROPERTY COMPANY, A TEXAS CORPORATION CENTEX CONSTRUCTION COMPANY, INC., A NEVEDA CORPORATION FACILITY: LINCOLN PARK OFFICE COMPLEX 8401 N. CENTRAL EXPRESSWAY DALLAS, DALLAS COUNTY, TEXAS 75629 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301 OF THE CWA BY CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FACILITY 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, CENTEX WILL MAKE A COMPLETE AND CORRECT APPLICATION FOR PERMIT COVERAGE, SUBMITTING A COPY OF THE APPLICATION, CONFIRMA- TION OF COVERAGE, AND THE ASSIGNED PERMIT NUMBER TO EPA, B) WITHIN 30 DAYS, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED, AND TO COME INTO COMPLIANCE, 3) WITHIN 30 DAYS, SUBMIT A WRITTEN RE- PORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS AND EXPLAINING HOW THEY WILL PREVENT RECUR- RENCE, AND D) PROVIDE INFORMATION FOR EACH CONSTRUCTION PROJECTOR ACTIVITY AT WHICH EITHER RESPONDENTS IS AN OWN- ER, DEVELOPER, PARTNER, GENERAL CONTRACTOR, OR PARTICI- PANT.

Defendants (1)

• LINCOLN PROPERTY COMPANYNamed in settlement

Facilities (1)

• LINCOLN PARK OFFICE COMPLEX

  8401 N CENTRAL EXPY, DALLAS, TX, 75229

  Registry ID: 110010782153

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• LINCOLN PROPERTY CO. & CENTEX CONSTRUCTION CO., INentered 1999-04-30

  Primary law: CWA

Timeline (5 milestones)

• 1999-04-30Final Order Issued
• 1999-04-30Complaint Filed/Proposed Order
• 1999-05-06Enforcement Action Data Entered
• 1999-06-04Compliance Achieved
• 1999-06-04Enforcement Action Closed