EPA v. BEAUMONT WESTFIELD VENTURE, L.P., KROGER TEXAS, L.P., W.B. C

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. BEAUMONT WESTFIELD VENTURE, L.P., A TEXAS PARTNERSHIP KROGER TEXAS, L.P., A TEXAS PARTNERSHIP W.B. CONSTRUCTION, LTD., A TEXAS PARTNERSHIP WILLIAMS INDUSTRIES, INC., A TEXAS CORPORATION FACILITY: THE WESTFIELD SHOPPING CENTER KROGER FOOD STORE DOWLEN AND FOLSOM BEAUMONT, JEFFERSON COUNTY, TEXAS 77707 3. RESPONDENTS WERE IN VIOLATION OF SECTION 402 OF THE CWA BY VIOLATING THE TERMS AND CONDITIONS OF THE PERMIT BY: NO SWPPP AT THE SITE, INADEQUATE CONTROLS, DEBRIS AND RUBBISH NOT PICKED UP AND INSPECTIONS WERE NOT DOCUMENT- ED. 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, TAKE COR- RECTIVE ACTION TO CORRECT THE DEFICIENCIES AND ELIMINATE PREVENT RECURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLIANCE; B) WITHIN 30 DAYS, SUBMIT A WRITTEN RE- PORT DETAILING THE SPECIFIC ACTIONS TAKEN AND EXPLAIN HOW THE 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 POS- SIBLE TIME; AND D) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (4)

• BEAUMONT WESTFIELD VENTURE, L.P.Named in settlement
• KROGER TEXAS, L.P.Named in settlement
• W.B. CONSTRUCTION, LTD.Named in settlement
• WILLIAMS INDUSTRIES, INC.Named in settlement

Facilities (1)

• WESTFIELD SHOPPING CTR KROGER FOOD STORE

  NW CORNER OF DOWLEN AND FOLSOM, BEAUMONT, TX, 77707

  Registry ID: 110010130456

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BEAUMONT WESTFIELD VENTURE, L.P., KROGER TEXAS, L.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