EPA v. MIDWAY ISD AND BFW CONSTRUCTION COMPANY, INC.

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. MIDWAY ISD, A TEXAS ORGANIZATION BFW CONSTRUCTION COMPANY, INC., A TEXAS CORPORATION FACILITY: MIDWAY HIGH SCHOOL CONSTRUCTION SITE MARS DRIVE AT OLD HEWITT ROAD WACO, MCLENNAN COUNTY, TEXAS 76712 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY VIOLATING THE TERMS AND CONDITIONS OF THE PERMIT BY: 1) INADEQUATE OR INCOMPLETE SWPPP; AND 2) INADEQUATE RUNOFF CONTROLS. 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, TAKE COR- RECTIVE ACTION TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLIANCE; B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN AND EXPLAIN HOW THE ACTIONS WILL PREVENT RECURRENCE; C) IF NOT POSSI- BLE TO CORRECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST POS- SIBLE TIME; AND D) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (2)

• BFW CONSTRUCTION COMPANY, INC.Named in settlement
• MIDWAY ISDNamed in settlement

Facilities (1)

• MIDWAY HIGH SCH CONST SITE

  MARS DR AT HEWITT RD, WACO, TX, 76712

  Registry ID: 110010650072

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MIDWAY ISD BFW CONSTRUCTION COMPANY, INC.entered 2002-02-28

  Primary law: CWA

Timeline (4 milestones)

• 2002-02-28Complaint Filed/Proposed Order
• 2002-02-28Final Order Issued
• 2002-03-06Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed