EPA v. MARIO SINACOLA & SONS EXCAVATING, INC., A MICHIGAN CORP.

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. MARIO SINACOLA & SONS EXCAVATING, INC., A MICHIGAN CORP. FACILITY: IRVING SUPERMALL CONSTRUCTION PROJECT INTERSECTION OF MACARTHUR BOULEVARD AND INTER- STATE HIGHWAY 635 IRVING, DALLAS COUNTY, TEXAS 75014 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO MAKE A TIMELY APPLICATION 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 RESPONDENT IS STILL AN OPERATOR 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- CURRENCE OF THE VIOLATIONS CITED, AND TO COME INTO COM- PLIANCE, AND C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIO- LATIONS, EXPLAIN HOW THEY WILL PREVENT RECURRENCE, AND SUBMIT A COPY OF THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) AND ALL SUPPORTING DOCUMENTATION

Defendants (1)

• MARIO SINACOLA & SONS EXCAVATING, INC.Named in settlement

Facilities (1)

• IRVING SUPERMALL

  INTX OF MACARTHUR BLVD AND I-635, IRVING, TX, 75014

  Registry ID: 110010746862

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MARIO SINACOLA & SONS EXCAVATING, INC.entered 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