EPA v. HM 456, LTD., AND STEVE BARTHOLOMEW AND DAVID LEBOEUF

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. HM 456, LTD., A TEXAS LIMITED PARTNERSHIP, AND STEVE BARTHOLOMEW AND DAVID LEBOEF, DBA AS MAIN STREET HOMES FACILITY: LAKESIDE ESTATES WILLIAMSON COUNTY ROAD 138 AND LITTLE LAKE ROAD HUTTO, WILLIAMSON COUNTY, TEXAS 78634 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301 OF THE CWA BY CONDUCTINGMTHE RELEVANT ACTIVITIES AND OPERATING THE FACILITY 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 FOR PERMIT COVERAGE, SUBMITTING A COPY OF THE APPPLICATION, 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 COME INTO COMPLIANCE; C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC AC- TIONS TAKEN, EXPLAIN HOW THEY WILL PREVENT RECURRENCE, AND SUBMIT A COPY OF ITS STORM WATER POLLUTION PREVENTION PLAN (SWPPP); D) IF NOT POSSIBLE TO CORRECT THE VIOLA- TIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME; AND E) WITH- IN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (4)

• DAVID LEBOEUFNamed in settlement
• HM 456, LTD.Named in settlement
• MAIN STREET HOMESNamed in settlement
• STEVE BARTHOLOMEWNamed in settlement

Facilities (1)

• LAKESIDE ESTATES

  WILLIAMSON COUNTY RD 138 AND LITTLE LAKE RD, HUTTO, TX, 78634

  Registry ID: 110010704782

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• HM 456, LTD., AND STEVE BARTOLOMEW AND DAVID LEBOEentered 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