EPA v. PUBLIC SERVICE CO OF NM

Case summary

NATURE OF CASE PUBLIC SERVICE OF NEW MEXICO OPERATES AN ELECTRIC GENERATING STATION, THE SAN JUAN GENERATING STATION, WHICH IS SUBJECT TO THE REQUIREMENTS OF SECTIONS 301 AND 402 OF THE CLEAN WATER ACT. THIS SUIT IS REQUESTED PURSUANT TO SECTION 309(B) OF THE ACT. CAUSE OF ACTION ON JUNE 19, 1981, AN NPDES PERMIT WAS ISSUED WHICH WILL EXPIRE ON JUNE 30, 1983. PUBLIC SERVICE CO. OF NEW MEXICO (PNM) HAS BEEN UNABLE TO MEET THE EFFLUENT LIMITATIONS CONTAINED IN THIS PERMIT. ALSO, PNM HAS HAD NUMEROUS BYPASSES OF ITS TREATMENT SYSTEM IN VIOLATION OF ITS PERMIT. FINALLY, THIS PERMIT, AS WELL AS TWO PREVIOUS PERMITS, CONTAINS A CONSTRUCTION SCHEDUALE WHICH REQUIRES THE FACILITY TO ATTAIN NO DISCHARGE BY JULY 1, 1983 TO ASSURE COMPLIANCE WITH THE COLORADO RIVER SALINITY STANDARDS. THE COLORADO RIVER SALINITY STANDARDS REQUIRE SIGNIFICANT REDUCTIONS IN THE AMOUNT OF TOTAL DISSOLVED SOLIDS DISCHARGED INTO THE COLORADO RIVER AND ARE BASED UPON A TREATY BETWEEN THE UNITED STATES AND MEXICO. PNM HAS, IN CORRESPONDANCE, AND AT A MEEETING HELD JANUARY 24, 1983, INFOMED EPA THAT IT WILL NOT MEET THE JULY 1, 1983 DATE CURRENTLY CONTAINED IN ITS PERMIT. JUSTIFICATION EPA HAS ISSUED TWO ADMINISTRATIVE ORDERS AND SEVERAL WARNING LETTERS TO THIS SOURCE SINCE THE ISSUANCE OF ITS FIRST NPDES PERMIT IN 1979 IN AN ATTEMPT TO INFORMALLY BRING THE SOURCE INTO COMPLIANCE. IT IS APPARENT THAT ADMIN- ISTRATIVE REMEDIES ARE NOT VIABLE IN THIS CASE.

Defendants (1)

• PUBLIC SERVICE CO. OF N.M.Named in complaintNamed in settlement

Facilities (6)

• SAN JUAN GENERATING STATION

  COUNTY RD. 6800, WATERFLOW, NM, 87421

  Registry ID: 110000600868

• SAN JUAN GENERATING STATION

  COUNTY RD. 6800, WATERFLOW, NM, 87421

  Registry ID: 110000600868

• SAN JUAN GENERATING STATION

  COUNTY RD. 6800, WATERFLOW, NM, 87421

  Registry ID: 110000600868

• SAN JUAN GENERATING STATION

  COUNTY RD. 6800, WATERFLOW, NM, 87421

  Registry ID: 110000600868

• SAN JUAN GENERATING STATION

  COUNTY RD. 6800, WATERFLOW, NM, 87421

  Registry ID: 110000600868

• SAN JUAN GENERATING STATION

  COUNTY RD. 6800, WATERFLOW, NM, 87421

  Registry ID: 110000600868

Statutes cited

• CWA 402 — Clean Water Act

Enforcement conclusions (1)

• PUBLIC SERVICE CO. OF N.M.entered 1985-04-08

  Primary law: CWA

  Federal penalty: $50,000

Timeline (8 milestones)

• 1983-03-31Referred To Headquarters
• 1983-05-20Referred To Dept Of Justice
• 1983-10-15Referred TO U.S. Attorney
• 1983-10-26Complaint Filed With Court
• 1985-04-08Final Order Lodged
• 1985-04-08Final Order Entered
• 1985-04-08Concluded
• 1985-04-08Enforcement Action Closed