EPA v. SPRING VALLEY CONSTRUCTION, CONTROL SPECIALIST, INC., SITE 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. SPRING VALLEY CONSTRUCTION, A TEXAS CORPORATION CONTROL SPECIALIST, INC., A TEXAS CORPORATION SITE CONCRETE, INC., A TEXAS CORPORATION GLENN THURMAN, INC., A TEXAS CORPORATION MORRISON HOMES OF TEXAS, INC., A TEXAS CORPORATION MHI PARTNERSHIP LTD., A TEXAS CORPORATION HIGHLAND HOMES, LTD., A TEXAS CORPORATION NATGUN CORPORATION, A MASSACHUETTS CORPORATION PHOENIX FABRICATORS, AN INDIANA CORPORATION FACILITY: RAYZOR RANCH DEVELOPMENT LANTANA TRAIL AND RAYZOR ROAD DOUBLE OAK, DENTON COUNTY, TEXAS 75067 3. RESPONDENTS WERE IN VIOLATION OF SECTIONS 301 AND 402 OF THE CWA BY EACH DAY THAT RESPONDENTS CONDUCTED THE RELE- VANT ACTIVITES AND OPERATED THE FACILITY WITHOUT NPDES PERMIT COVERAGE AND 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 ADMINSTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENTS 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; 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; AND E) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (9)

• CONTROL SPECIALIST, INC.Named in settlement
• GLENN THURMAN, INC.Named in settlement
• HIGHLAND HOMES, LTD.Named in settlement
• MHI PARTNERSHIP LTD.Named in settlement
• MORRISON HOMES OF TEXAS, INC.Named in settlement
• NATGUN CORPORATIONNamed in settlement
• PHOENIX FABRICATORSNamed in settlement
• SITE CONCRETE, INC.Named in settlement
• SPRING VALLEY CONSTRUCTIONNamed in settlement

Facilities (1)

• RAYZOR RANCH DEVELOPMENT

  LANTANA TRAIL AND RAYZOR RD, DOUBLE OAK, TX, 75067

  Registry ID: 110013724069

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• SPRING VALLEY CONSTRUCTION, CONTROL SPECIALIST, INentered 2002-05-01

  Primary law: CWA

Timeline (4 milestones)

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