EPA v. S.C. PROPERTIES, INC., A TX. CORP., & SPRING VALLEY CONSTRUC

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. S. C. PROPERTIES, INC., A TEXAS CORPORATION SPRING VALLEY CONSTRUCTION COMPANY, A TEXAS CORPORATION FACILITY: WNEDY'S CONSTRUCTION PROJECT 4000 WILLIAM D. TATE AVENUE GRAPEVINE, TARRANT COUNTY, FORT WORTH 76051 3. RESPONDENT SPRING VALLEY WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO MAKE A TIMELY OR CORRECT APPLI- CATION FOR PERMIT COVERAGE FOR ITS ACTIVITIES AT THE FACILITY, AND WAS 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, IF THE RESPONDENTS ARE STILL OPERATORS OF THE FACILITY, 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 CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RE- CURRENCES 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) IDENTIFY OTHER ENTITIES THAT MAY HAVE, OR HAVE HAD, OPERATIONAL CONTROL OF A PORTION OF THE SITE.

Defendants (2)

• S.C. PROPERTIES, INC.Named in settlement
• SPRING VALLEY CONSTRUCTIONNamed in settlement

Facilities (1)

• WENDY'S CONST PROJECT

  4000 WILLIAM D. TATES AVE, GRAPEVINE, TX, 76051

  Registry ID: 110010746853

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• S.C. PROPERTIES, INC., AND SPRING VALLEY CONSTRUCTentered 1999-04-30

  Primary law: CWA

Timeline (4 milestones)

• 1999-04-30Complaint Filed/Proposed Order
• 1999-04-30Final Order Issued
• 1999-05-06Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed