EPA v. NOGALES PRODUCE, INC., A TEXAS CORPORATION

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. NOGALES PRODUCE, INC., A TEXAS CORPORATION 1080 CANTON STREET DALLAS, DALLAS COUNTY, TEXAS 75215 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY EACH DAY THE RESPONDENT CONDUCTED THE RELEVANT ACTIVITIES AND OPERATED THE FACILITY WITHOUT NPDES PERMIT COVERAGE FROM 1994 UNTIL THE PRESENT. 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, ONTAIN 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 AND TO COME INTO COMPLIANCE; C) WITHIN 30 DAYS, SUBMIT A WRITTEN RE- PORT DETAILING THE SPECIFIC ACTIONS TAKEN, EXPLAIN HOW THE ACTIONS WILL PREVENT RECURRENCE, SUBMIT A COPY OF THE FACILITY SWPPP, AND INCLUDE AN EXPLANATION AS WHY RE- SPONDENT DENIED ENTRY TO PROPERLY CREDENTIALED OFFICIALS OF THE CITY OF DALLAS TO EVALUATE COMPLIANCE WITH THE NPDES STORM WATER PROGRAM; D) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COM- PREHENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME; AND E) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• NOGALES PRODUCE, INC.Named in settlement

Facilities (1)

• NOGALES PRODUCE, INC.

  1080 CANTON ST, DALLAS, TX, 75215

  Registry ID: 110010733796

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• NOGALES PRODUCE, INC.entered 2001-04-30

  Primary law: CWA

Timeline (4 milestones)

• 2001-04-30Complaint Filed/Proposed Order
• 2001-04-30Final Order Issued
• 2001-05-09Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed