EPA v. ASSOCIATED RACK CORPORATION, A FLORIDA CORP., DBA SOUTHWESTE

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. ASSOCIATED RACK CORPORATION, A FLORIDA CORPORATION, DBA SOUTHWESTERN RACK COMPANY 1401 ROYAL PARKWAY, SUITE A EULESS, TARRANT COUNTY, TEXAS 76040 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 CORRECT APPLICATION FOR PERMIT COVERAGE, SUBMITTING A COPY OF THE APPLICATION, CONFIRMATION OF COVERAGE, 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 COMPLIOANCE, C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED, EXPLAIN HOW THESE ACTIONS WILL PREVENT RECURRENCE, AND INCLUDE A COPY OF THE FACILITY STORM WATER POLLUTION PRE- VENTION PLAN (SWPPP), D) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COM- PREHENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME, AND E) WITHIN 30 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• ASSOCIATED RACK CORPORATIONNamed in settlement

Facilities (1)

• SOUTHWESTERN RACK COMPANY

  1401 ROYAL PKY., SUITE A, EULESS, TX, 76040

  Registry ID: 110000459067

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ASSOCIATED RACK CORPORATION DBA SOUTHWESTERN RACKentered 1999-07-26

  Primary law: CWA

Timeline (4 milestones)

• 1999-07-26Complaint Filed/Proposed Order
• 1999-07-26Final Order Issued
• 1999-07-30Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed