EPA v. TEXAS DEPARTMENT OF TRANSPORTATION, A STATE AGENCY

Case summary

1. SECTION 309(G) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G). 2. TEXAS DEPARTMENT OF TRANSPORTATION 125 E. 11TH STREET AUSTIN, TRAVIS COUNTY, TEXAS 78701-2483 3. RESPONDENT WAS IN VIOLATION OF SECTION 404 OF THE CWA BY: 1) AT TIMES MORE FULLY KNOWN TO RESPONDENT, RESPONDENT AND/OR INDIVIDUALS ACTING ON ITS BEHALF DISCHARGED DREDGED AND/OR FILL MATERIAL BY MEANS OF HEAVY EQUIP- MENT INTO WETLANDS AND/OR JURISDICTIONAL WATERS OF THE U.S. AS PART OF THE CONSTRUCTION OF THREE HIGHWAY PRO- JECTS WITHOUT A COE 404 PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G) OF THE CWA, EPA PROPOSED A CIVIL PENALTY OF $100,000 FOR THE VIOLATIONS CITED.

Defendants (1)

• TEXAS DEPARTMENT OF TRANSPORTATIONNamed in complaintNamed in settlement

Facilities (3)

• TEXAS DEPT OF TRANSP

  US HWY 87, NW OF VICTORIA, VICTORIA, TX, 77905

  Registry ID: 110010756770

• TEXAS DEPT OF TRANSP

  STATE HWY 35, NW OF THE CITY, VAN VLECK, TX, 77482

  Registry ID: 110010705987

• TEXAS DEPT OF TRANSP

  ST HWY 6, S OF CITY TO TEAL BEND SUBDIVISION, MISSOURI CITY, TX, 77489

  Registry ID: 110010705996

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• TEXAS DEPARTMENT OF TRANSPORTATIONentered 2001-02-05

  Primary law: CWA

  Federal penalty: $100,000

Timeline (4 milestones)

• 2000-12-01Complaint Filed/Proposed Order
• 2000-12-07Enforcement Action Data Entered
• 2001-02-05Final Order Issued
• 2002-02-05Enforcement Action Closed