EPA v. AUSTIN ENERGY AND NATIONAL ENERGY PRODUCTION (NEPCO)

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. AUSTIN ENERGY, A TEXAS CORPORATION NATIONAL ENERGY PRODUCTION (NEPCO), A WASHINGTON CORP. FACILITY: SAND HILL ENERGY CENTER 13005 FALLWELL LANE DEL VALLE, TRAVIS COUNTY, TEXAS 78617 3. RESPONDENT NEPCO WAS IN VIOLATION OF SECTION 301 OF THE CWA BY EACH DAY THAT RESPONDENT CONDUCTED THE RELEVANT ACTIVITIES AND OPERATED THE FACILITY WITHOUT NPDES PERMIT COVERAGE AND RESPONDENT AUSTIN ENERGY WAS IN VIOLATION OF SECTION 402 OF THE CWA BY VIOLATING THE TERMS AND CONDI- TIONS OF THE PERMIT BY FAILING TO PREPARE A SWPPP AND FAILING TO CONDUCT INSPECTIONS. 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, NEPCO WILL OBTAIN NPDES PERMIT COVERAGE, SUBMITTING A COPY OF THE APPLICATION, CONFIRMATION OF COVERAGE AND THE PERMIT NUM- BER TO EPA; B) WITHIN 30 DAYS, AUSTIN ENERGY WILL TAKE CORRECTIVE ACTION TO CORRECT THE DEFICIENCIES AND ELIMI- NATE AND PREVENT RECURRENCE OF THE VIOLATIONS AND TO COME INTO COMPLIANCE; C) WITHIN 30 DAYS, SUBMIT A WRITTEN RE- PORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS AND EXPLAIN HOW THE ACTIONS WILL PREVENT RE- CURRENCE; AND D) IF NOT POSSIBLE TO CORRECT THE VIOLA- TIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME.

Defendants (2)

• AUSTIN ENERGYNamed in settlement
• NATIONAL ENERGY PRODUCTION (NEPCO)Named in settlement

Facilities (4)

• NATIONAL ENERGY PRODUCTION

  13005 FALLWELL LANE, DEL VALLE, TX, 78617

  Registry ID: 110008975804

• NATIONAL ENERGY PRODUCTION

  13005 FALLWELL LANE, DEL VALLE, TX, 78617

  Registry ID: 110008975804

• NATIONAL ENERGY PRODUCTION

  13005 FALLWELL LANE, DEL VALLE, TX, 78617

  Registry ID: 110008975804

• NATIONAL ENERGY PRODUCTION

  13005 FALLWELL LANE, DEL VALLE, TX, 78617

  Registry ID: 110008975804

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• AUSTIN ENERGY AND NATIONAL ENERGY PRODUCTION (NEPCentered 2002-03-20

  Primary law: CWA

Timeline (4 milestones)

• 2002-03-20Complaint Filed/Proposed Order
• 2002-03-20Final Order Issued
• 2002-03-27Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed