EPA v. AUI GENERAL CONTRACTORS, INC., CENTER OPERATING COMPANY, L.P

Case summary

1. SECTIONS 308(A) AND 309(A) OF THE CLEAN WATER ACT ( CWA ) 33 U.S.C. SECTION 1318(A) AND 1319(A). 2. A. AUI GENERAL CONTRACTORS, INC., A TEXAS CORPORATION B. CENTER OPERATING COMPANY, L.P., A TEXAS PARTNERSHIP C. ED BELL CONSTRUCTION COMPANY, A TEXAS CORPORATION D. HILLWOOD URBAN SERVICES, L.P., A TEXAS PARTNERSHIP E. JOHN BURNS CONSTRUCTION CO. OF TEXAS, A TEXAS CORP. FACILITY: AMERICAN AIRLINES ARENA NORTHEAST SIDE OF THE INTERSECTION OF WOODALL ROGERS FREEWAY AND I-35 DALLAS, DALLAS COUNTY, TEXAS 75201 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301 OF THE CWA BY EACH DAY THAT RESPONDENTS CONDUCTED THE RELEVANT AC- TIVITIES AND OPERATED THE FACILITY WITHOUT NPDES PERMIT COVERAGE. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENTS TO: A) WITHIN 10 DAYS, OBTAIN NPDES PERMIT COVERAGE, SUBMITTING A COPY OF THE APPLICA- TIONS, CONFIRMATIONS OF COVERAGE, AND PERMIT NUMBERS TO EPA; B) WITHIN 10 DAYS, TAKE CORRECTIVE ACTION TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLIANCE; C) PRO- VIDE THE DATE AT WHICH EARTH DISTURBING ACTIVITIES BEGAN AT THE FACILITY FOR EACH PROJECT; D) WITIN 10 DAYS, SUB- MIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED, EXPLAIN HOW THE ACTIONS WILL PREVENT RECURRENCE AND INCLUDE A COPY OF THE SWPPP; E) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 10 DAYS, WITHIN 10 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME; AND F) WITHIN 15 DAYS, AR- RANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (5)

• AUI GENERAL CONTRACTORS, INC.Named in settlement
• CENTER OPERATING COMPANY, L.P.Named in settlement
• ED BELL CONSTRUCTION COMPANYNamed in settlement
• HILLWOOD URBAN SERVICES, L.P.Named in settlement
• JOHN BURNS CONSTRUCTION CO. OF TEXAS, INNamed in settlement

Facilities (1)

• AMERICAN AIRLINES ARENA

  NE SIDE OF THE INTX OF WOODALL ROGERS FRWY & I-35, DALLAS, TX, 75201

  Registry ID: 110010661603

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• AUI GENERAL CONTRACTORS, INC., CENTER OPERATING COentered 2001-07-27

  Primary law: CWA

Timeline (3 milestones)

• 2001-07-27Final Order Issued
• 2001-07-31Enforcement Action Data Entered
• 2004-06-28Enforcement Action Closed