EPA v. LONGHORN EXCAVATORS, INC. - TEMPORARY CONSTRUCTION SITE

Case summary

1. SECTION 311(B)(?)(B)(I) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1321(B)(6)(B)(I), AS AMENDED BY THE OIL POLLUTION ACT OF 1990. 2. LONGHORN EXCAVATORS, INC. - TEMPORARY CONSTRUCTION SITE NEAR THE INTERSECTION OF FM 518 AND WINDAMERE GALVESTON, GALVESTON COUNTY, TEXAS 77551 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY: 1) PLAN NOT MAINTAINED ON SITE; 2) RECORDS OF IN- SPECTIONS OF ABOVEGROUND TANKS ARE NOT MAINTAINED; 3) VISIBLE OIL LEAKS RESULTING IN ACCUMULATIONS OF OIL IN DIKED AREAS ARE NOT PROMPTLY CORRECTED; 4) ABOVEGROUND VALVES AND PIPELINES ARE NOT INSPECTED REGULARLY; AND 5) FACILITY NOT FULLY FENCED AND ENTRANCE GATES ARE NOT LOCKED AND/OR GUARDED WHEN PLANT IS UNATTENDED OR NOT IN PRODUCTION. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $750 FOR THE VIOLATIONS CITED.

Defendants (1)

• LONGHORN EXCAVATORS, INC.Named in complaintNamed in settlement

Facilities (1)

• LONGHORN EXCAVATORS, INC.

  NEAR INTERSECTION OF FM 518 AND WINDAMERE, GALVESTON, TX, 77551

  Registry ID: 110012286686

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• LONGHORN EXCAVATORS, INC.entered 2002-05-13

  Primary law: CWA

  Federal penalty: $750

Timeline (5 milestones)

• 2002-04-18Complaint Filed/Proposed Order
• 2002-04-26Enforcement Action Data Entered
• 2002-05-13Final Order Issued
• 2002-05-13Compliance Achieved
• 2002-05-14Enforcement Action Closed