EPA v. JANICE GUTIERREZ, DBA CERTIFIED SHEET METAL CO.

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. JANICE GUTIERREZ, D.B.A CERTIFIED SHEET METAL CO. 3725 PITLUK SAN ANTONIO, BEXAR COUNTY, TEXAS 78211 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 REQUIRED THE RESPONDENT TO: A) WITHIN 30 DAYS, MAKE A COMPLETE AND CORRECT APPLICATION FOR PERMIT COVERAGE, SUBITTING 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, 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 TAKENAND EXPLAIN HOW THESE ACTIONS WILL PREVENT RECURRENCE; D) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME; AND E) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• JANICE GUTIERREZNamed in settlement

Facilities (1)

• CERTIFIED SHEET METAL CO

  3725 PITLUK AVE, SAN ANTONIO, TX, 782113526

  Registry ID: 110010697148

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• JANICE GUTIERREZ, DBA CERTIFIED SHEET METAL CO.entered 1999-11-30

  Primary law: CWA

Timeline (4 milestones)

• 1999-11-30Complaint Filed/Proposed Order
• 1999-11-30Final Order Issued
• 2000-01-03Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed