EPA v. AUSTIN COMMERCIAL, INC. AND PRENTISS PROPERTIES, INC.

Case summary

1. SECTIONS 308(A) AND 309(A) OF THE CLEAN WATER ACT ( CWA ) 33 U.S.C. SECTIONS 1318(A) AND 1319(A). 2. AUSTIN COMMERCIAL, INC., A DELAWARE CORPORATION PRENTISS PROPERTIES, INC., A TEXAS LIMITED PARTNERSHIP FACILITY: II BARTON SKYWAY CONSTRUCTION SITE 1601 SOUTH MOPAC AUSTIN, TRAVIS COUNTY, TEXAS 78746 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) PARTICIPATING IN NPDES REGULATED CONSTRUCTION ACTIVI- TIES WITHOUT AN NPDES STORM WATER CONSTRUCTION PERMIT FROM AUG. 1999 TO SEPT. 19, 1999; 2) OPERATING WITHOUT THE IMPLEMENTATION OF A STORM WATER POLLUTION PREVENTION PLAN (SWPPP); AND 3) HAVING VARIOUS OUTDOOR COVERED AND UNCOVERED STORAGE AREAS, WITH WASTE PETROLEUM PRODUCTS STORED OUTSIDE ONE OF THE STORAGE BUILDINGS. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 309(A) OF THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER THAT ORDERED THE RESPONDENT TO: A) WITHIN 30 DAYS, MAKE A COMPLETE AND CORRECT APPLICATION FOR PERMIT COVER- AGE PROVIDING THE PERMIT NUMBER TO EPA; B) WITHIN 30 DAYS TAKE CORRECTIVE ACTION TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS; C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE ACTIONS TAKEN AND HOW THEY WILL PREVENT RECURRENCE; 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) FURNISH EPA WITH INFORMATION ON ALL CONTRUCTION PROJECTIONS IN THE U.S. SINCE JAN. 1998; AND F) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (2)

• AUSTIN COMMERCIAL, INC.Named in settlement
• PRENTISS PROPERTIES, INC.Named in settlement

Facilities (1)

• II BARTON SKYWAY CONSTR SITE

  1601 S MOPAC, AUSTIN, TX, 78746

  Registry ID: 110009708067

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• AUSTIN COMMERCIAL, INC. AND PRENTISS PROPERTIES, Ientered 2000-12-13

  Primary law: CWA

Timeline (4 milestones)

• 2000-12-13Complaint Filed/Proposed Order
• 2000-12-13Final Order Issued
• 2001-01-02Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed