EPA v. WAYNE WERNER, AN INDIVIDUAL - THE OAKS

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. WAYNE WERNER KING JOHN DRIVE SCROGGINS, FRANKLIN COUNTY, TEXAS 75480 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, OBTAIN NPDES PERMIT COVERAGE, SUBMITTING A CPY OF THE PERMIT AP- PLICATION AND NUMBER TO EPA; B) WITHIN 30 DAYS, TAKE COR- RECTIVE ACTION TO CORRECT, ELIMINATE AND PREVENT RECUR- RENCE OF THE VIOLATIONS CITED AND COME INTO COMPLIANCE; C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN , HOW THEY WILL PREVENT RECUR- RENCE, INCLUD A COPY OF THE FACILITY SWPPP, AND INCLUDE A LIST OF ALL PARTIES THAT LOTS FROM RESPONDENT; D) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORT- EST POSSIBLE TIME; AND E) WITHIN 30 DAYS, SUBMIT A WRIT- TEN REPORT OF ALL OTHER CONSTRUCTION OR EARTH DISTURBING PROJECT FOR WHICH RESPONDENT HAS BEEN AN OPERATOR SINCE JAN. 1998.

Defendants (1)

• WAYNE WERNERNamed in settlement

Facilities (1)

• OAKS

  KING JOHN DR, SCROGGINS, TX, 75480

  Registry ID: 110010650508

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• WAYNER WERNERentered 2000-07-31

  Primary law: CWA

Timeline (4 milestones)

• 2000-07-31Complaint Filed/Proposed Order
• 2000-07-31Final Order Issued
• 2000-08-03Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed