EPA v. ALLEN CENTRAL MARKET, L.P., MYCON GENERAL CONTRACTORS, INC.,

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. ALLEN CENTRAL MARKET, L.P., A TEXAS PARTNERSHIP MYCOM GENERAL CONTRACTORS, INC., A TEXAS CORPORATION DAYTON HUDSON CORPORATION, A MINNESOTA CORPORATION S. M. WILSON & CO., A DELAWARE CORPORATION FACILITY: CONSTRUCTION PROJECT 907 W. MCDERMOTT ALLEN, COLLIN COUNTY, TEXAS 75002 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) STOM WATER POLLUTION PREVENTION PLAN (SWPPP) WAS NOT IMPLEMENTED, 2) THE SWPPP WAS NOT CERTIFIED, 3) NO NOTICE WAS POSTED FOR MYCON OR ALLEN CM AND THAT THE NOTICE FOR DAYTON AND SM WILSON HAD BEEN TAKEN DOWN, 4) THE SWPPP INCLUDED NO GENERAL LOCATION MAP, 5) THE SWPPP DID NOT INCLUDE THE PERMIT REQUIREMENTS, 6) THE INSPECTION RE- PORTS DID NO INCLUDE THE NAME AND QUALIFICATIONS OF THE INSPECTOR AND WERE NOT CERTIFIED, AND 7) NO INFORMATION REGARDING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT ARE FOUND IN PROXIMITY TO THE CONSTRUCTION SITE. 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, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED, AND TO COME INTO COMPLIANCE, B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED AND EXPLAIN HOW THE ACTIONS WILL PREVENT RECURRENCE, C) WITHIN 30 DAYS, EACH RESPONDENT SUBMIT A WRITTEN REPORT OF ANY OTHER INDUSTRIAL ACTIVITY INCLUDING CONSTRUCTION THAT IT IS CURRENTLY INVOLVED IN AT OTHER LOCATIONS, AND D) WITH- IN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (4)

• DAYTON HUDSON CORPORATIONNamed in settlement
• MYCON GENERAL CONTRACTORS, INC.Named in settlement
• S. M. WILSON & CO.Named in settlement
• ALLEN CENTRAL MARKET, L.P.Named in settlement

Facilities (1)

• ALLEN CENTRAL MARKET

  907 W MCDERMOTT, ALLEN, TX, 75002

  Registry ID: 110010657208

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ALLEN CENTRAL MARKET, L.P., MYCON GENERAL CONTRACTentered 1999-06-25

  Primary law: CWA

Timeline (4 milestones)

• 1999-06-25Complaint Filed/Proposed Order
• 1999-06-25Final Order Issued
• 1999-07-01Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed