EPA v. TOLL BROTHERS INC., A PENNSYLVANIA CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. TOLL BROTHERS, A PENNSYLVANIA CORPORATION FACILITY: MALLARD LAKES AT MCKINNEY, PHASE III SUBDIV. CANVAS BACK BOULEVARD AND WOOD DUCK LANE MCKINNEY, COLLIN COUNTY, TEXAS 75069 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY: 1) CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FACILITY WITHOUT NPDES PERMIT COVERAGE FROM SEPT. 30, 1999 THRU OCT. 17, 1999; AND 2) HAVING INADEQUATE EROSION CONTROLS AT THE FACILITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER (AO) THAT ORDER THE RESPONDENT TO: A) WITHIN 30 DAYS, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIEN- CIES, ELIMINATE AND PREVENT RECURRENCE, AND COME INTO COMPLIANCE; B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN AND EXPLAIN HOW THE THE ACTIONS WILL PREVENT RECURRENCE; C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST POS- SIBLE TIME; AND D) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• TOLL BROTHERS INC.Named in settlement

Facilities (1)

• MALLARD LAKES AT MCKINNEY, PHASE III

  CANVAS BACK BLVD AND WOOD DUCK LN, MC KINNEY, TX, 75069

  Registry ID: 110010696336

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• TOLL BROTHERS INC.entered 2000-06-30

  Primary law: CWA

Timeline (4 milestones)

• 2000-06-30Complaint Filed/Proposed Order
• 2000-06-30Final Order Issued
• 2000-07-07Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed