EPA v. TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT), A TEXAS AGENCY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT), A TX. AGENCY FACILITY: COCKRELL HILL CONSTRUCTION PROJECT EAST OF LOOP 12 ON I-30 COCKRELL HILL, DALLAS COUNTY, TEXAS 75211 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY VIOLATING THE CONDITIONS OF ITS NPDES PERMIT. THE VIOLA- TIONS INCLUDE 1) CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FACILITY WITHOUT NPDES PERMIT COVERAGE FROM JUL. 17, 1998 UNTIL OCT. 2, 1998, 2) INCOMPLETE SWPPP, 3) INADEQUATE EROSION AND SEDIMENT CONTROLS, 4) INADEQUATE INSPECTIONS AFTER A STORM EVENT, AND 5) INADEQUATE DIS- POSAL OF DOMESTIC AND SANITARY WASTE. 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 AND EXPLAIN HOW THE ACTIONS WILL PREVENT RECURRENCE, AND C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT OF ANY OTHER INDUSTRIAL AC- TIVITY RESPONDENT IS INVOLVED IN AT OTHER LOCATIONS.

Defendants (1)

• TEXAS DEPARTMENT OF TRANSPORTATION (TXDONamed in settlement

Facilities (1)

• TEXAS DEPT TRNSP_CONST PROJECT

  E OF LOOP 12 ON I-30, COCKRELL HILL, TX, 75211

  Registry ID: 110010776650

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT)entered 1999-07-16

  Primary law: CWA

Timeline (5 milestones)

• 1999-07-16Final Order Issued
• 1999-07-16Compliance Achieved
• 1999-07-16Enforcement Action Closed
• 1999-07-16Complaint Filed/Proposed Order
• 1999-07-21Enforcement Action Data Entered