EPA v. WHEELER DEVELOPMENT COMPANY, 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. WHEELER DEVELOPMENT COMPANY, A TEXAS CORPORATION FACILITY: THE WOODS 3311 WOODS BOULEVARD TYLER, SMITH COUNTY, TEXAS 75707 3. RESPONDENT WAS IN VIOLATION OF SECTION 402 OF THE CWA BY VIOLATING THE TERMS AND CONDITIONS OF THE PERMIT BY IN- ADEQUATE OR INCOMPLETE SWPPP AND BMPS, AND NO ERSOSION CONTROLS IN PLACE. 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 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 POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME; AND D) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• WHEELER DEVELOPMENT COMPANYNamed in settlement

Facilities (1)

• COLLEY CONSTRUCTION

  3311 WOODS BLVD., TYLER, TX, 75707

  Registry ID: 110010130946

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• WHEELER DEVELOPMENT COMPANYentered 2002-03-15

  Primary law: CWA

Timeline (4 milestones)

• 2002-03-15Complaint Filed/Proposed Order
• 2002-03-15Final Order Issued
• 2002-03-27Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed