EPA v. BARNETT CONSTRUCTION CONTRACTING, A TEXAS CORPORATION
Unilateral Administrative Order Without Adjudication
Case summary
1. SECTIONS 308(A) AND 309(A) OF THE CLEAN WATER ACT ( CWA ) U.S.C. SECTIONS 1318(A) AND 1319(A). 2. BARNETT CONSTRUCTION CONTRACTING, A TEXAS CORPORATION FACILITY: WACO REGIONAL TENNIS CENTER 900 W. LAKE SHORE DRIVE WACO, MCLENNAN COUNTY, TEXAS 76704 3. RESPONDENT WAS IN VIOLATION OF SECTION 402 OF THE CWA BY VIOLATING THE TERMS AND CONDITIONS OF ITS PERMIT BY IN- ADEQUATE OR INCOMPLETE SWPPP, INADEQUATE OR NO DISCHARGE CONTROLS, AND NO PREVENTION OF SOIL EROSION. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 309(A) OF THE CWA, THE AO ORDERED THE RESPONDENT TO: A) WITHIN 30 DAYS, TAKE CORRECTIVE 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 TO CORECT THE VIOLATIONS AND EXPLAIN HOW THE ACTIONS WIL PREVENT RECURRENCE; C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS WITHIN 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)
- BARNETT CONSTRUCTION CONTRACTINGNamed in settlement
Facilities (1)
BARNETT CONSTRUCTION
900 W. LAKE SHORE DR., WACO, TX, 76704
Registry ID: 110010130633
Statutes cited
- CWA 301 — NPDES Discharge without a Permit
Enforcement conclusions (1)
BARNETT CONSTRUCTION CONTRACTINGentered 2002-03-15
Primary law: CWA
Timeline (4 milestones)
- 2002-03-15Complaint Filed/Proposed Order
- 2002-03-15Final Order Issued
- 2002-03-28Enforcement Action Data Entered
- 2009-07-01Enforcement Action Closed
Case metadata
- EPA activity ID
- 41960
- Case number
- 06-2002-1791
- Lead agency
- EPA
- HQ division
- WAT
- Branch
- 6RC-E
- EPA region
- 06
- Multimedia
- No
- Voluntary self-disclosure
- No
- Primary statute
- NPDES Discharge without a Permit
Sourced verbatim from EPA ECHO Enforcement Case Report for case 06-2002-1791 . Bulk data: ICIS-FEC download summary.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.