EPA v. TRI-COUNTY BUILDERS SUPPLY

Case summary

An administrative penalty complaint was issued to Tri-County Builders Supply for violations of the CWA and 40 CFR 503 resulting from the over-application of sludge to land. The complaint sought the maximum penalty allowed (Notice Pleading). A hearing was held by the Administrative Law Judge (ALJ) in November 2001. On May 19, 2003, the ALJ issued a decision favorable to EPA, finding liability and assesing a penalty in the amount of $59,591. The Respondent submitted an appeal brief to the Regional Hearing Clerk and counsel for EPA but failed to file a timely appeal with the Environmental Appeals Board. On May 24, 2004, the EPA Environmental Appeals Board (EAB) issued an order dismissing Respondent���s appeal, which thereby confirmed the administrative penalty established by the ALJ in the amount of $59,5

Defendants (1)

• TRI-COUNTY BUILDERS SUPPLYNamed in complaintNamed in settlement

Facilities (1)

• TRI-COUNTY BUILDERS SUPPLY

  2800 TEAL CLUB RD, OXNARD, CA, 93031

  Registry ID: 110010752541

Statutes cited

• CWA 405 — Sewage Sludge Disposal

Enforcement conclusions (1)

• Tri-County Builders Supply EAB Decisionentered 2004-05-24

  Primary law: CWA

  Federal penalty: $59,591

Timeline (8 milestones)

• 2000-07-07Complaint Filed/Proposed Order
• 2000-10-31Enforcement Action Data Entered
• 2001-11-12Administrative Hearing
• 2003-05-19Admin Law Judge Decision
• 2003-06-05Appeal To Administrator
• 2004-05-24Final Order Issued
• 2004-05-24EAB Decision
• 2004-06-04Enforcement Action Closed