EPA v. NEW MEXICO SMELTING AND REFINING, INC.

Case summary

1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. NEW MEXICO SMELTING AND REFINING, INC. NEW MEXICO STATE HIGHWAY 394 DEMING, LUNA 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 AND 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 30 DAYS OF THE EFFECTIVE DATE OF THE AO, SUBMIT INFORMATION DETAILING WHY RESPONDENT HAS NOT COMPLIED WITH SECTION 301 OF THE CWA, 2) WITHIN 30 DAYS OF THE AO, OBTAIN NPDES PERMIT COVERAGE, 3) SUBMIT A POLLUTION PREVENTUION PLAN DEVELOPED FOR COMPLIANCE WITH THE PERMIT, AND 4) ARRANGE TO MEET AND APPEAR AT EPA AND SHOW CAUSE WHY.

Defendants (1)

• NEW MEXICO SMELTING AND REFINING, INC.Named in complaintNamed in settlement

Facilities (1)

• NEW MEXICO SMELTING AND REFINING, INC.

  NEW MEXICO STATE HWY 394, DEMING, NM, 88030

  Registry ID: 110010654416

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• NEW MEXICO SMELTING AND REFINING, INC.entered 1997-08-19

  Primary law: CWA

Timeline (4 milestones)

• 1997-08-19Complaint Filed/Proposed Order
• 1997-08-19Final Order Issued
• 1997-09-02Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed