EPA v. EBCO LAND DEVELOPMENT, LTD., A TEXAS CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. EBCO LAND DEVELOPMENT, LTD., A TEXAS CORPORATION FACILITY: MONTGOMERY TRACE SUBDIVISION OFF HONEA EYGPT ROAD MONTGOMERY, MONTGOMERY COUNTY, TEXAS 77356 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) THAT ORDERED THE RESPONDENT TO: A) WITHIN 30 DAYS, MAKE A COM- PLETE AND CORRECT APPLICATION FOR PERMIT COVERAGE, SUB- MITTING A COPY OF THE APPLICATION, CONFIRMATION OF COVER- AGE, AND THE NPDES PERMIT NUMBER TO EPA; B) WITHIN 30 DAYS, TAKE CORRECTIVE ACTION TO CORRECT THE DEFICIENCIES, ELIMINATE AND PREVENT RECURENCE OF THE VIOLATIONS, AND COME INTO COMPLIANCE; C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN, AND EXPLAIN HOW THE ACTIONS WILL PREVENT RECURRENCE; D) IDENTIFY, DE- SRIBE, AND GIVE LOCATION OF EACH CONSTRUCTION ACTIVITY IN THE U.S. OR ITS TERRITORIES; E) FOR EACH OF THOSE PRO- JECTS, PROVIDE ALL REQUIRED INFORMATION; F) IDENTIFY ANY OTHER PARTIES MEETING THE DEFINITION OF OPERATOR THAT HAVE BEEN IN OPERATION AT THE SITE SINCE THE PROJECT BE- GAN; G) IDENTIFY THE EXACT DATE THE RESPONDENT BEGAN OP- ERATION AT THE FACILITY; AND H) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• EBCO LAND DEVELOPMENT, LTD.Named in settlement

Facilities (1)

• MONTGOMERY TRACE SUBDIVISION

  OFF HONEA RD, MONTGOMERY, TX, 77356

  Registry ID: 110010650704

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• EBCO LAND DEVELOPMENT, LTD.entered 1999-10-27

  Primary law: CWA

Timeline (4 milestones)

• 1999-10-27Complaint Filed/Proposed Order
• 1999-10-27Final Order Issued
• 1999-11-02Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed