EPA v. BRINKER INTERNATIONAL, INC., A DELAWARE CORP. & WHS CONTRACT

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. BRINKER INTERNATIONAL, INC., A DELAWARE CORPORATION WHS CONTRACTORS, INC., A TEXAS CORPORATION FACILITY: CHILI'S - ALLEN CENTRAL MARKET 903 W. MCDERMOTT ALLEN, COLLIN COUNTY, TEXAS 75002 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO MAKE A TIMELY APPLICATION FOR PERMIT COVER- AGE FOR ITS ACTIVITIES AT THE FACILITY, AND WAS NOT COVERED BY ANPDES 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 CORRECTIVE 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 CITED AND EXPLAIN HOW THEY WILL PREVENT RECURRENCE, AND D) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT OF ANY OTHER INDUSTRIAL ACTIVITY INCLUDING CONSTRUCTION THAT IS CURRENTLY INVOLVED IN AT OTHER LOCATIONS.

Defendants (2)

• BRINKER INTERNATIONAL, INC.Named in settlement
• WHS CONTRACTORS, INC.Named in settlement

Facilities (1)

• CHILI'S - ALLEN CENTRAL MARKET

  903 W. MCDERMOTT, ALLEN, TX, 75002

  Registry ID: 110010697512

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BRINKER INTERNATIONAL, INC. AND WHS CONTRACTORS, Ientered 1999-05-24

  Primary law: CWA

Timeline (5 milestones)

• 1999-05-24Complaint Filed/Proposed Order
• 1999-05-24Final Order Issued
• 1999-06-03Enforcement Action Data Entered
• 1999-06-17Compliance Achieved
• 1999-06-17Enforcement Action Closed