EPA v. BLUEGREEN SOUTHWEST ONE, L.P., 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. BLUEGREEN SOUTHWEST ONE, L.P., A TEXAS CORPORATION FACILITY: WATERSTONE ON THE GUADALUPE SUBDIVISION FM 3351 AT EDGEFALLS ROAD BOERNE, KENDALL COUNTY, TEXAS 78006 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY: 1) INCOMPLETE PERMIT AND STORM WATER POLLUTION PREVENTION PLAN; 2) NO STORM WATER EROSION CONTROLS; 3) NO PERMIT DOCUMENTATION POSTED AT ENTRANCE OF SUBDIVISION; AND 4) EACH DAY THAT RESPONDENT CONDUCTED THE RELEVANT ACTIVI- TIES 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 RESPONDENT TO: A) WITHIN 30 DAYS, OBTAIN NPDES PERMIT COVERAGE, SUBMITTING A COPY OF THE APPLICA- TION, CONFIRMATION OF COVERAGE AND THE PERMIT NUMBER TO EPA; B) WITHIN 30 DAYS, TAKE CORRECTIVE ACTION TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RECURRENCE OF VIOLATIONS CITED AND TO COME INTO COMPLIANCE; C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN AND EXPLAIN HOW THE ACTIONS WILL PREVENT RECURRENCE; 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)

• BLUEGREEN SOUTHWEST ONE, L.P.Named in settlement

Facilities (1)

• WATERSTONE ON THE GUADALUPE SUBDIVISION

  FM 3351 AT EDGEFALLS RD, BOERNE, TX, 78006

  Registry ID: 110006796547

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BLUEGREEN SOUTHWEST ONE, L.P.entered 2001-09-18

  Primary law: CWA

Timeline (4 milestones)

• 2001-09-18Complaint Filed/Proposed Order
• 2001-09-18Final Order Issued
• 2001-09-21Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed