EPA v. RICHARD MENCHACA DBA J & B RECYCLING

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. RICHARD MENCHACA DBA J & B RECYCLING 3905 EAST SIDE DRIVE DALLAS, DALLAS COUNTY, TEXAS 75226 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 FROM 1998 THROUGH SEPT. 28, 2000. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 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 COPY OF THE PERMIT APPLICATION AND NUMBER TO EPA; B) WITHIN 30 DAYS, TAKE CORRECTIVE ACTION TO CORRECT, ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED ANDTO COME IN- TO COMPLIANCE; C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN, HOW THE ACTIONS WILL PREVENT RECURENCE, AND SUBMIT A COPY OF THE FACILII- TY'S SWPPP; 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; AND E) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• RICHARD MENCHACANamed in settlement

Facilities (1)

• J & B RECYCLING

  3905 E SIDE DR, DALLAS, TX, 75226

  Registry ID: 110010791278

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• RICHARD MENCHACAentered 2000-12-21

  Primary law: CWA

Timeline (4 milestones)

• 2000-12-21Complaint Filed/Proposed Order
• 2000-12-21Final Order Issued
• 2001-01-02Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed