EPA v. ALBUQUERQUE, CITY OF

Case summary

THE CITY OF ALBUQUERQUE (HEREINAFTER THE RESPONDENT ), A PERSON WITHIN THE MEANING OF SECTION 502(5) OF THE ACT, 33 U.S.C. SEC. 1362(5), OWNS OR OPERATES A FACILITY LOCATED AT 401 SECOND STREET, SW, ALBUQUERQUE, NEW MEXICO, WHICH DIS- CHARGES POLLUTANTS TO THE RIO GRANDE, A NAVIGABLE WATER OF T HE U.S. WITHIN THE MEANING OF SECTION 502 OF THE ACT. RESPONDENT IS, THEREFORE, SUBJECT TO THE PROVISIONS OF THE ACT. THE RESPONDENT HAS VIOLATED SECTION 301(A) OF THE ACT BY VIOLATING CONDITION III.A. OF THE NPDES PERMIT NO. NM0022250 , WHICH CONDITION IMPLEMENTS SECTION 307 OF THE ACT AND WHICH PERMIT HAS BEEN ISSUED TO THE RESPONDENT PURSUANT TO SECTION 402 OF THE ACT BY FAILING TO OPERATE THE APPROVED PRETREATMENT PROGRAM IN ACCORDANCE WITH 402(B)(8) OF THE CLEAN WATER ACT AND THE GENERAL PRETREATMENT REGULATIONS (40 C.F.R. 403). A PENALTY OF $125,000 HAS BEEN PROPOSED. PERMIT NO. NM0022250.

Defendants (1)

• ALBUQUERQUE, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• ALBUQUERQUE CONVENTION CENTER, CITY OF

  401 2ND STREET NORTHWEST, ALBUQUERQUE, NM, 87103

  Registry ID: 110006534465

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ALBUQUERQUE, CITY OFentered 1995-06-01

  Primary law: CWA

  Federal penalty: $25,000

Timeline (5 milestones)

• 1993-09-14Complaint Filed/Proposed Order
• 1994-01-04Enforcement Action Data Entered
• 1995-06-01Final Order Issued
• 1995-06-19Compliance Achieved
• 1995-06-19Enforcement Action Closed