EPA v. DALLAS U.S.A. FOODS, 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. DALLAS U.S.A. FOODS, A TEXAS CORPORATION 4747 MEMPHIS DRIVE DALLAS, DALLAS COUNTY, TEXAS 75207 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 COV- ERAGE. 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, EXPLAIN HOW THE ACTIONS WILL PREVENT RECURRENCE AND SUBMIT A COPY OF THE FACILITY'S SWPPP; 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)

• DALLAS U.S.A. FOODSNamed in settlement

Facilities (1)

• DALLAS U.S.A. FOODS

  4747 MEMPHIS DR, DALLAS, TX, 75207

  Registry ID: 110010694953

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DALLAS U.S.A. FOODSentered 2001-10-04

  Primary law: CWA

Timeline (4 milestones)

• 2001-10-04Complaint Filed/Proposed Order
• 2001-10-04Final Order Issued
• 2001-10-31Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed