EPA v. ALVORD 287 JOINT VENTURE, A TEXAS JOINT VENTURE PARTNERSHIP

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. ALVORD 287 JOINT VENTURE, A TEXAS JOINT VENTURE PARTNER- SHIP FACILITY: DIAMOND RIDGE SUBDIVISION ALVORD, WISE COUNTY, TEXAS 76225 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 COVER- 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 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 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, SUCH AS HOMEBUILDERS.

Defendants (1)

• ALVORD 287 JOINT VENTURENamed in settlement

Facilities (1)

• DIAMOND RIDGE SUBDIVISION

  IN WISE COUNTY, ALVORD, TX, 76225

  Registry ID: 110010734358

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ALVORD 287 JOINT VENTUREentered 1999-05-24

  Primary law: CWA

Timeline (4 milestones)

• 1999-05-24Complaint Filed/Proposed Order
• 1999-05-24Final Order Issued
• 1999-06-04Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed