EPA v. TEXAS DEPT. OF TRANSPORTATION & ZACHRY CONSTRUCT. CORP. PROJ.#04013001

Case summary

1. SECTIONS 308(A) AND 309(A) OF THE CLEAN WATER ACT ( CWA ) 33 U.S.C. SECTINS 1318(A) AND 1319(A). 2. TEXAS DEPARTMENT OF TRANSPORTATION, A TEXAS POLITICAL SUBDIVISION ZACHRY CONSTRUCTION CORPORATION, A TEXAS CORPORATION FACILITY: TXDOT HIGH FIVE PROJECT, CONTRACT #04013001 INTERSECTION OF INTERSTATE HIGHWAY 635 AND U.S. HIGHWAY 75 DALLAS, DALLAS COUNTY, TEXAS 75243 3. RESPONDENT ZACHERY CONSTRUCTION CORP. WAS IN VIOLATION OF SECTION 301 OF THE CWA BY EACH DAY THAT ZACHERY CONDUCTED THE RELEVANT ACTIVITIES AND OPERATED THE FACILITY WITHOUT NPDES PERMIT COVERAGE AND RESPONDENT TXDOT WAS IN VIOLA- TION OF SECTION 402 OF THE CWA BY VIOLATING THE TERMS AND CONDITIONS OF ITS PERMIT. 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, ZACHERY WILL OBTAIN NPDES PERMIT COVERAGE, SUBMITTING A COPY OF THE APPLICATION, CONFIRMATION OF COVERAGE AND THE PERMIT NUMBER TO EPA; B) WITHIN 30 DAYS, TAKE CORRECTIVE ACTION TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RE- CURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLI- ANCE; C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAIL- ING THE SPECIFIC ACTIONS TAKEN AND EXPLAIN HOW THE ACTIONS WILL PREVENT RECURRENCE; D) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO D0 SO IN THE SHORTEST POSSIBLE TIME; E) PROVIDE A LIST OF ALL CONSTRUCTION PROJECTS TO WHICH THEY HAVE BEEN A PARTY SINCE JAN. 1, 2001; F) SAM- PLE ALL DISCHARGE POINTS (OUTFALLS) FROM THIS FACILITY TO WATERS OF THE U.S. AT LEAST ONCE IN THE NEXT 90 DAYS FOR TSS AND OIL & GREASE; AND G) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (2)

• TEXAS DEPARTMENT OF TRANSPORATIONNamed in settlement
• ZACHRY CONSTRUCTION CORPORATIONNamed in settlement

Facilities (1)

• TXDOT HIGH FIVE PROJECT

  INTX OF I-635 AND US HWY 75, DALLAS, TX, 75243

  Registry ID: 110013723541

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• TEXAS DEPT. OF TRANSPORTATION AND ZACHRY CONSTRUCTentered 2002-04-24

  Primary law: CWA

Timeline (4 milestones)

• 2002-04-24Complaint Filed/Proposed Order
• 2002-04-24Final Order Issued
• 2002-05-02Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed