EPA v. SUIZA FOODS D.B.A. OAK FARMS DAIRY, 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. SUIZA FOODS D.B.A. OAK FARMS DAIRY, A TEXAS CORPORATION 2417 LEELAND HOUSTON, HARRIS COUNTY, TEXAS 77251 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 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 THE VIOLATIONS CITED AND TO COME INTO COMPLIANCE; C) WITH IN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECI- FIC ACTIONS TAKEN AND EXPLAIN HOW THE ACTIONS WILL PRE- VENT RECURRENCE; D) IF NOT POSSIBLE TO CORRECT THE VIOLA- TIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME; AND E) WITH- IN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• SUIZA FOODS D.B.A. OAK FARMS DAIRYNamed in settlement

Facilities (1)

• OAK FARMS DAIRY

  3417 LEELAND ST., HOUSTON, TX, 77003

  Registry ID: 110000460714

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• SUIZA FOODS DBA OAK FARMS DAIRYentered 2001-09-26

  Primary law: CWA

Timeline (4 milestones)

• 2001-09-26Complaint Filed/Proposed Order
• 2001-09-26Final Order Issued
• 2001-10-02Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed