EPA v. SOUTHWEST CONCRETE & PAVING, INC.

Case summary

1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. SOUTHWEST CONCRETE & PAVING, INC. FACILITIES: 1. 1955 HILLTOP ROAD SILVER CITY, LUNA COUNTY, NEW MEXICO 88062 2. 20 MILES NORTHWEST OF DEMING DEMING, GRANT COUNTY, NEW MEXICO 88030 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS TO WATERS OF THE U.S. WITHOUT AN NPDES PERMIT AND HAS THE POTENTIAL TO IMPACT THE ENVIRON- MENT WITH ITS ACTIVITIES. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A)(3) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RE- SPONDENT TO 1) WITHIN 45 DAYS OF THE EFFECTIVE DATE OF THE AO, SUBMIT INFORMATION DETAILING WHY RESPONDENT HAS NOT COMPLIED WITH SECTION 301 OF THE CWA, 2) WITHIN 45 DAYS OF THE AO, OBTAIN NPDES PERMIT COVERAGE, 3) SUBMIT A POLLUTION PREVENTION PLAN DEVELOPED FOR COMPLIANCE WITH THE PERMIT, AND 4) APPEAR AT EPA AND SHOW CAUSE.

Defendants (1)

• SOUTHWEST CONCRETE & PAVING, INC.Named in complaintNamed in settlement

Facilities (3)

• SOUTHWEST CONC & PAV 400 TPH CRSHR

  18 MI NW OF DEMING, DEMING, NM, 88030

  Registry ID: 110021151983

• SOUTHWEST CONC & PAV 35YD CONCRT 1643

  1955 HILLTOP RD, SILVER CITY, NM, 88062

  Registry ID: 110001552463

• SOUTHWEST CONC & PAV 35YD CONCRT 1643

  1955 HILLTOP RD, SILVER CITY, NM, 88062

  Registry ID: 110001552463

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• SOUTHWEST CONCRETE & PAVING, INC.entered 1997-08-19

  Primary law: CWA

Timeline (4 milestones)

• 1997-08-19Complaint Filed/Proposed Order
• 1997-08-19Final Order Issued
• 1997-08-28Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed