EPA v. JOE IVIE, AN INDIVIDUAL, D/B/A/ JOE IVIE HOG FARM

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. JOE IVIE, D/B/A JOE IVIE HOG FARM 1.5 MILES WEST OF RICE ON FM 1126, 2 MILES NORTH ON COUNTY ROAD 0151 TO FARM WITH BACK 40 SIGN IN FRONT RICE, ELLIS COUNTY, TEXAS 75155 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 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, SUBMITTING A COPY OF THE PER- APPLICATION AND NUMBER TO EPA AND IF NO PERMIT WITHIN 30 DAYS, SUBMIT A RESPONSE TO EPA THAT RESPONDENT IS WAITING ON PERMIT COVERAGE; B) WITHIN 30 DAYS, TAKE CORRECTIVE ACTION TO CORRECT, ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLIANCE; C) WITH IN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPE- CIFIC ACTIONS TAKEN, EXPLAIN HOW THE ACTIONS WILL PRE- VENT RECURRENCE, AND SUBMIT A COPY OF THE FACILITY 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, AR- RANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• JOE IVIENamed in settlement

Facilities (1)

• JOE IVIE HOG FARM

  1.5 M W OF RICE, ON FM 1126, 2 M N ON CTY RD 0151, RICE, TX, 75155

  Registry ID: 110010733778

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• JOE IVIE, D/B/A JOE IVIE HOG FARMentered 2001-04-20

  Primary law: CWA

Timeline (4 milestones)

• 2001-04-20Complaint Filed/Proposed Order
• 2001-04-20Final Order Issued
• 2001-05-09Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed