EPA v. BALSER HOMES, INC., COLLEY CONSTRUCTION, DAVID K. MOORE CONS

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. BALSER HOMES, INC., A TEXAS CORPORATION COLLEY CONSTRUCTION, A TEXAS CORPORATION DAVID K. MOORE CONSTRUCTION CO., INC., A TEXAS CORP. GARY ROOTS CONSTRUCTION, INC., A TEXAS CORPORATION T. A. FAIRHURST & ASSOCIATES, A TEXAS CORPORATION SOUTHERN GABLE HOMES, LLC, A TEXAS CORPORATION FACILITY: THE WOODS 3311 WOODS BOULEVARD TYLER, SMITH COUNTY, TEXAS 75707 3. RESPONDENT BALSER HOMES, INC. WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO APPLY FOR A NPDES STORM WATER PERMIT AND OPERATING WITH AN UNCOMPLETE SWPPP; RE- SPONDENT COLLEY CONSTRUCTION WAS IN VIOLATION OF SECTION 301 OF THE CWA BY VIOLATING THE TERMS AND CONDITIONS OF ITS PERMIT BY AN INADEQUATE OR INCOMPLETE SWPPP, AND NO CONTROL MEASURES; RESPONDENT DAVID K. MOORE CONSTRUCTION WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO APPLY FOR A NPDES STORM WATER PERMIT AND FAILING TO IM- PLEMENT A SWPPP; T. A. FAIRHURST & ASSOCIATES WAS IN VIO- LATION OF SECTION 301 OF THE CWA BY VIOLATING THE TERMS AND CONDITIONS OF THE PERMIT BY FAILING TO PREPARE AND IMPLEMENT A SWPPP; RESPONDENT GARY ROOT CONSTRUCTION COM- PANY WAS IN VIOLATION OF SECTION 301 OF THE CWA BY VIOLA- TING THE TERMS AND CONDITIONS OF THE PERMIT BY IMPLEMENT- ING AN INADEQUATE OR INCOMPLETE SWPPP; AND RESPONDENT SOUTHERN GABLE HOMES WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO APPLY FOR A NPDES STORM WATER PER- MIT AND FAILING TO IMPLEMENT A SWPPP. 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, 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 TO CORRECT THE VIOLATIONS AND EXPLAIN HOW THESE 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 (6)

• DAVID K. MOORE CONSTRUCTION, INC.Named in settlement
• BALSER HOMES, INC.Named in settlement
• COLLEY CONSTRUCTIONNamed in settlement
• GARY ROOTS CONSTRUCTION, INC.Named in settlement
• SOUTHERN GABLE HOMES, LLCNamed in settlement
• T. A. FAIRHURST & ASSOCIATESNamed 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)

• BALSER HOMES, INC., COLLEY CONSTRUCTION, DAVID K.entered 2002-03-13

  Primary law: CWA

Timeline (4 milestones)

• 2002-03-13Complaint Filed/Proposed Order
• 2002-03-13Final Order Issued
• 2002-03-28Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed