EPA v. B. MORRIS CONSTRUCTION CO., A TEXAS CORPORATION DBA DARNELL

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. B. MORRIS CONSTRUCTIION CO., A TEXAS CORPORATION DBA DARNELL & ASSOCIATES FACILITY: GLEN LAKES 7404 GLENSHANNON CIRCLE DALLAS, DALLAS COUNTY, TEXAS 75225 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FA- CILITY AND DISCHARGING CONCRETE/MORTAR WASHING INTO THE STORM DRAIN WITHOUT AUTHORIZATION OF AN NPDES PERMIT. 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 APPLICATION FOR PERMIT COVERAGE, SUBMIT A COPY OF THE APPLICATION, CONFIRMATION OF COVERAGE AND THE PERMIT NUMBER TO EPA, AND CEASE ALL NON-STORM WATER DISCHARGES INTO THE STORM DRAIN AT THE FACILITY; B) WITHIN 30 DAYS, TAKE WHATEVER CORRECTIVE AC- TION IS NECESSARY TO CORRECT THE DEFICIENCIES, ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS, AND TO COME IN- TO COMPLIANCE; C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN, EXPLAIN HOW THESE ACTIONS WILL PREVENT RECURRENCE, AND SUBMIT A COPY OF THE FACILITY'S STORM WATER POLLUTION PREVENTION PLAN (SWPPP); 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; E) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE; AND E) INCLUDE A LIST OF ALL COMMON PLANS OF DEVELOPMENT OR SALE SUCH AS A RE- SIDENTIAL SUBDIVISION FOR WHICH RESPONDENT HAS PERFORMED CONSTRUCTION ACTIVITIES SINCE JAN. 1, 1999.

Defendants (1)

• B. MORRIS CONSTRUCTION CO.Named in settlement

Facilities (1)

• GLEN LAKES CONST PROJECT

  7404 GLENSHANNON CIRCLE, DALLAS, TX, 75225

  Registry ID: 110009782850

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• B. MORRIS CONSTRUCTION CO.entered 2000-03-27

  Primary law: CWA

Timeline (4 milestones)

• 2000-03-27Complaint Filed/Proposed Order
• 2000-03-27Final Order Issued
• 2000-04-05Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed