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06-2004-2355Administrative - FormalClosedFY 2004· Region 06

EPA v. Rafter J Inc., dba Montesello Custom Homes (TXU010471)

Unilateral Administrative Order Without Adjudication

Case summary

RAFTER J INC., DBA MONTESELLO CUSTOM HOMES (TXU010471): A storm water inspection was conducted by EPA on August 6, 2004, at a construction site for Montesello Custom Homes to evaluate compliance with the Texas Commission on Environmental Quality (TCEQ) Construction General Permit. The site was between one and five acres, which did not require submission of a Notice of Intent (NOI) but did require a Storm Water Pollution Prevention Plan (SWPPP) and a posted Construction Site Notice, both of which were on site. The SWPPP was found to be deficient in that is did not specify controls to be used to minimize off-site tracking of sediment and dust control, there had been no updates made to the SWPPP to reflect additional or changed BMPs, and there was no description of permanent stabilization practices. It was also noted that the selected controls (silt fences) were not properly maintained and there was litter scattered around the site. Because there did not appear to have been any environmental harm to the environment, and because the operator met the criteria, and Expedited Settlement Offer was drafted.

Defendants (1)

  • Rafter J Inc., dba Montesello Custom Homes (TXU010Named in complaintNamed in settlement

Facilities (1)

  • MONTESELLO CUSTOM HOMES - BENTLEY VILLAGE ADDITION

    9000 BLOCK RACQUET CLUB DRIVE, FT. WORTH, TX, 76120

    Registry ID: 110018939498

Statutes cited

  • CWA 301/402NPDES Permit Violations

Enforcement conclusions (1)

  • Rafter J Inc., dba Montesello Custom Homes (TXU010471)entered 2004-09-10

    Primary law: CWA

Timeline (3 milestones)

  • 2004-08-25Enforcement Action Data Entered
  • 2004-09-10Final Order Issued
  • 2005-02-08Enforcement Action Closed

Case metadata

EPA activity ID
126031
Case number
06-2004-2355
Lead agency
EPA
Branch
6EN-W
EPA region
06
Voluntary self-disclosure
No
Primary statute
NPDES Permit Violations

Sourced verbatim from EPA ECHO Enforcement Case Report for case 06-2004-2355 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.