EPA v. ASHLEY & FAGAN INVESTMENTS CO., INC., 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. ASHLEY & FAGAN INVESTMENTS CO., INC., A TEXAS CORPORATION FACILITY: RIO BRAZOS ESTATES EAST SIDE OF LAKE ALLEN HENRY GIRARD, KENT COUNTY, TEXAS 79518 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY EACH DAY THAT RESPONDENT CONDUCTED THE RELEVANT ACTIVI- TIES AND OPERATED THE FACILITY WITHOUT NPDES PERMIT COVERAGE. 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, OBTAIN NPDES PERMIT COVERAGE, SUBMITTING A COPY OF THE APPLICA- TION, CONFIRMATION OF COVERAGE AND THE PERMIT NUMBER TO EPA; B) WITHIN 30 DAYS, TAKE CORRECTIVE ACTION TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLIANCE; C) WITH IN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN AND EXPLAIN HOW THE ACTIONS WILL PREVENT RECURRENCE; AND D) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPRE- HENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME.

Defendants (1)

• ASHLEY & FAGAN INVESTMENTS CO., INC.Named in settlement

Facilities (1)

• RIO BRAZOS ESTATES

  E SIDE OF LAKE ALLEN HENRY, GIRARD, TX, 79518

  Registry ID: 110013724416

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ASHLEY & FAGAN INVESTMENTS CO., INC.entered 2002-05-15

  Primary law: CWA

Timeline (4 milestones)

• 2002-05-15Complaint Filed/Proposed Order
• 2002-05-15Final Order Issued
• 2002-05-30Enforcement Action Data Entered
• 2002-07-08Enforcement Action Closed