EPA v. MET CENTER NYCTEX, LTD. AND RAYMOND CONSTRUCTION, INC.

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. MET CENTER NYCTEX, LTD., A TEXAS PARTNERSHIP RAYMOND CONSTRUCTION, INC., A TEXAS CORPORATION FACILITY: THE MET CENTER 7551 METRO CENTER DRIVE AUSTIN, TRAVIS COUNTY, TEXAS 78744 3. RESPONDENT MET CENTER NCTEX, LTD. WAS IN VIOLATION OF SECTION 301 OF THE CWA BY EACH DAY THAT RESPONDENT CON- DUCTED THE RELEVANT ACTIVITIES AND OPERATED THE FACILITY WITHOUT NPDES PERMIT COVERAGE, AND RESPONDENT RAYMOND CONSTRUCTION WAS IN VIOLATION 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 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 ANS ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS AND TO COME INTO COMPLIANCE; C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING 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 DO SO IN THE SHORTEST POSSIBLE TIME; AND E) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (2)

• MET CENTER NYCTEX, LTD.Named in settlement
• RAYMOND CONSTRUCTION, INC.Named in settlement

Facilities (1)

• MET CTR

  7551 METRO CENTER DR, AUSTIN, TX, 78744

  Registry ID: 110012294347

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MET CENTER NYCTEX, LTD. AND RAYMOND CONSTRUCTION,entered 2002-05-15

  Primary law: CWA

Timeline (4 milestones)

• 2002-05-15Complaint Filed/Proposed Order
• 2002-05-15Final Order Issued
• 2002-05-29Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed