EPA v. ROBERT ZAMPESE AND KEN'S CONSTRUCTION & PAVING, INC.

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. ROBERT ZAMPESE, AN INDIVIDUAL KEN'S CONSTRUCTION & PAVING, INC., A TEXAS CORPORATION FACILITY: RIVER CITY DRAGWAY NEAR SANTA CLARA EXIT OF INTERSTATE 10, APPROX. 10 MILES WEST OF SEGUIN, GUADALUPE COUNTY, TEXAS 78155 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FA- CILITY WITHOUT NPDES PERMIT COVERAGE. 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 CORECT APPLICATION FOR PERMIT COVERAGE, SUB- MITTING A COPY OF THE APPLICATION, CONFIRMATION OF COVER- AGE, AND THE PERMIT NUMBER TO EPA, B) 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, C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS AND EX- PLAIN HOW THESE ACTIONS WILL PREVENT RECURRENCE, D) PRO- VIDE ALL INFORMATION OF EACH CONSTRUCTION ACTIVITY IN THE U.S. OR ITS TERRITORIES IN WHICH EITHER OR BOTH OF THE RESPONDENTS ARE AN OWNER, PARTNER, GENERAL CONTRACTOR, CONSULTANT OR PARTICIPANT, E) PROVIDE REQUESTED INFORMA- TION FOR THESE PROJECTS, AND F) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (2)

• KEN'S CONSTRUCTION & PAVING, INC.Named in settlement
• ROBERT ZAMPESENamed in settlement

Facilities (1)

• RIVER CITY DRAGWAY

  THE SANTA CLARA EXIT OF I-10, APPROX. 10 M W OF, SEGUIN, TX, 78155

  Registry ID: 110010657798

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ROBERT ZAMPESE AND KEN'S CONSTRUCTION & PAVING, INentered 1999-07-16

  Primary law: CWA

Timeline (4 milestones)

• 1999-07-16Complaint Filed/Proposed Order
• 1999-07-16Final Order Issued
• 1999-07-21Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed