EPA v. LUMBERMEN'S INVESTMENT CORPORATION, TRIDENT UNDERGROUND UTIL

Case summary

1. SECTION 309(G) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G). 2. LUMBERMEN'S INVESTMENT CORPORATION, A TEXAS CORPORATION TRIDENT UNDERGROUND UTILITIES CORP., A TEXAS CORPORATION WILSHIRE HOMES, INC., A TEXAS CORPORATION,WHOLLY OWNED BY WISHIRE HOMES, LTD., D/B/A BUFFINGTON HOMES, INC. LEGACY HOMES, A TEXAS CORPORATION WEEKLEY HOMES L.P., A TEXAS PARTNERSHIP PAT CANION EXCAVATING CO., A TEXAS CORPORATION NEWMARK HOMES, L.P., A TEXAS PARTNERSHIP 3. RESPONDENTS WERE IN VIOLATION OF SECTIONS 301 OF THE CWA BY: 1) NO NPDES PERMIT COVERAGE; 2) INCOMPLETE PERMIT AP- PLICATIONS; 3) VILATION OF THE TERMS AND CONDITIONS OF THE NPDES PERMITS; AND 4) INCOMPLETE OR INADEQUATE SWPPP. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G) OF THE CWA, EPA PROPOSED A CIVIL PENALTY IN AN AMOUNT UP TO $137,500 FOR THE VIOLATIONS CITED.

Defendants (7)

• LEGACY HOMESNamed in complaintNamed in settlement
• LUMBERMEN'S INVESTMENT CORPORATIONNamed in complaintNamed in settlement
• NEWMARK HOMES, L.P.Named in complaintNamed in settlement
• PAT CANION EXCAVATING CO.Named in complaintNamed in settlement
• TRIDENT UNDERGROUND UTILITIES CORP.Named in complaintNamed in settlement
• WEEKLEY HOMES L.P.Named in complaintNamed in settlement
• WILSHIRE HOMES, INC.Named in complaintNamed in settlement

Facilities (1)

• VILLAGE AT WESTERN OAKS

  WESTERN OAKS BLVD, AUSTIN, TX, 78749

  Registry ID: 110010695202

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• LUMBERMEN'S INVESTMENT CORP;, TRIDENT UNDERGROUNDentered 2002-05-10

  Primary law: CWA

  Federal penalty: $72,100

Timeline (4 milestones)

• 2001-12-11Complaint Filed/Proposed Order
• 2001-12-13Enforcement Action Data Entered
• 2002-05-10Final Order Issued
• 2002-09-05Enforcement Action Closed