EPA v. TEXAS DEPARTMENT OF TRANSPORTATION, RAILWORKS W. T. BYLER LP

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. TEXAS DEPT. OF TRANSPORTATION (TXDOT), A TEXAS POLITICAL SUB-DIVISION RAILWORKS W. T. BYLER LP, A TEXAS CORPORATION CITY OF MT. PLEASANT, A TEXAS MUNICIPALITY FACILITY: EAST OF STATE HIGHWAY 271 ON OLD TITUS CR 12, DIRECTLY EAST OF FM 3417 EXIT OFF SH 271, NORTH OF BIG CYPRESS BAYOU MT. PLEASANT, TITUS COUNTY, TEXAS 75455 3. RESPONDENTS RAILWORKS W. T. BYLER LP AND THE CITY OF MT. PLEASANT WERE IN VIOLATION OF SECTION 301 OF THE CWA BY EACH DAY THAT RESPONDENTS CONDUCTED THE RELEVANT ACTIVI- TIES AND OPERATED THE FACILITY WITHOUT NPDES PERMIT COVERAGE. RESPONDENT TXDOT WAS IN VIOLATION OF SECTION 402 OF THE CWA IN THAT POLLUTION CONTROL MEASURES WERE NOT SUFFICIENT NOR PROPERLY MAINTAINED AND THAT AN OFF- BORROW PIT FOR SOIL WAS NOT INCLUDED IN THE SWPPP. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENT TO: A) WITHIN 30 DAYS, RAILWORKS W. T. BYLER LP AND THE CITY OF MT. PLEASANT SHALL OBTAIN NPDES PERMIT COVERAGE, SUBMITTING A COPY OF THE APPLICA- TIONS, CONFIRMATION OF COVERAGE AND PERMIT NUMBERS TO EPA; B) WITHIN 30 DAYS, TXDOT AVIATION DIVISION SHALL TAKE CORRECTIVE ACTION TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLIANCE; C) WITHIN 30 DAYS, RESPOND- ENTS SHALL SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS AND EXPLAIN HOW THE ACTIONS WILL PREVENT RECURRENCE; D) RAILWORKS W. T. BYLER LP SHALL FURNISH EPA WITH INFORMATION ON ALL CON- STRUCTION PROJECTS FOR WHICH THEY HAVE BEEN PARTY IN THE U.S. SINCE JAN. 2000, THE CITY OF MT. PLESANT SHALL FURN- ISH EPA WITH INFORMATION ON ALL CONSTRUCTION PROJECTS GREATER THAN 5 ACRES FOR WHICH THEY HAVE BEEN A PARTY IN THE U.S. SINCE JAN. 2000, AND TXDOT SHALL FURNISH EPA WITH INFORMATION ON ALL CONSTRUCTION PROJECTS RELATED TO THE AVIATION DIVISION FOR WHICH THEY HAVE BEEN A PARTY IN THE U.S. SINCE JAN. 2000; E) 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; AND F) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (3)

• CITY OF MT. PLEASANTNamed in settlement
• RAILWORKS W. T. BYLER LPNamed in settlement
• TEXAS DEPARTMENT OF TRANSPORTATIONNamed in settlement

Facilities (1)

• MT. PLEASANT, CITY OF AIRPORT

  E OF SH 271 ON OLD TITUS CR 12, E OF FM 3417, MOUNT PLEASANT, TX, 75455

  Registry ID: 110010756592

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• TEXAS DEPARTMENT OF TRANSPORTATION, RAILWORKS W. Tentered 2001-06-13

  Primary law: CWA

Timeline (4 milestones)

• 2001-06-13Complaint Filed/Proposed Order
• 2001-06-13Final Order Issued
• 2001-06-27Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed