EPA v. DAVID FOUST HOMES, CAROTHERS HOMES, TOD STITHEM CONSTRUCTION

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. DAVID FOUST HOMES, A TEXAS CORPORATION CAROTHERS HOMES, A TEXAS CORPORATION TOD STITHEM CONSTRUCTION, INC., A TEXAS CORPORATION JODIE LUDWIG, INC., A TEXAS CORPORATION STAGELINE HOMES, LTD., A TEXAS CORPORATION LARRY DUNLAP BUILDERS, INC., A TEXAS CORPORATION FACILITY: SUNWEST VILLAGE ADDITION, PHASE I 108 LARIAT WACO, MCLENNAN COUNTY, TEXAS 76712 3. RESPONDENTS WERE IN VIOLATION OF SECTIONS 301 OF THE CWA BY EACH THAT RESPONDENTS 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 RESPONDENTS TO: A) WITHIN 30 DAYS, OBTAIN NPDES PERMIT COVERAGE, SUBMITTING A COPY OF THE APPLICA- TION, CONFIRMATION OF COVERAGE, PERMIT NUMBER, AND A COPY OF EACH SWPPP TO EPA; AND B) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (6)

• CAROTHERS HOMESNamed in settlement
• DAVID FOUST HOMESNamed in settlement
• JODIE LUDWIG, INC.Named in settlement
• LARRY DUNLAP BUILDERS, INC.Named in settlement
• STAGELINE HOMES, LTD.Named in settlement
• TOD STITHEM CONSTRUCTION, INC.Named in settlement

Facilities (1)

• SUNWEST VILLAGE ADDITION, PHASE I

  108 LARIAT, WACO, TX, 76712

  Registry ID: 110010695113

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DAVID FOUST HOMES, CAROTHERS HOMES, TOD STITHEM COentered 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