EPA v. RBE INVESTMENT CORP., WALKER UTILITIES, MACK CLARK HOMES, AN

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. RBE INVESTMENT CORP., A TEXAS CORPORATION WALKER UTILITIES, A TEXAS CORPORATION MACK CLARK HOMES, A TEXAS CORPORATION CASA LINDA BUILDERS, A TEXAS CORPORATION FACILITY: LAKES OF RIVER TRAILS II SUBDIVISION 8004 GIFFORD HILL ROAD FORT WORTH, TARRANT COUNTY, TEXAS 76163 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301 OF THE CWA BY EACH DAY THAT RESPONDENTS CONDUCTED THE RELEVANT ACTIVITIES AND OPERATED THE FACILITY WITHOUT NPDES PERMIT COVERAGE AND IN VIOLATION OF SECTION 402 OF THE CWA BY VIOLATING THE CONDITIONS OF THEIR PERMITS. 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 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) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN AND EXPLAIN HOW THE ACTIONS WIL PREVENT RECURRENCE; D) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPRE- HENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME; AND E) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOE CAUSE.

Defendants (4)

• CASA LINDA BUILDERSNamed in settlement
• MACK CLARK HOMESNamed in settlement
• RBE INVESTMENT CORP.Named in settlement
• WALKER UTILITIESNamed in settlement

Facilities (1)

• LAKES OF RIVER TRAILS II SUBDIVISION

  8004 GIFFORD HILL RD, FORT WORTH, TX, 76163

  Registry ID: 110064285973

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• RBE INVESTMENT CORP., WALKER UTILITIES, MACK CLARKentered 2002-01-10

  Primary law: CWA

Timeline (4 milestones)

• 2002-01-10Complaint Filed/Proposed Order
• 2002-01-10Final Order Issued
• 2002-01-15Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed