EPA v. O'KELLEY SAND & GRAVEL, INC.

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. O'KELLEY SAND & GRAVEL, INC., A NEW MEXICO CORPORATION ESPEJO ROAD OR O'KELLEY ROAD AT COLUMBUS HIGHWAY DEMING, OTERO COUNTY, NEW MEXICO 88031 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO MAKE AN APPLICATION FOR PERMIT COVERAGE FOR ITS FACILITY AND NOT BEING COVERED BY A NPDES PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RESPOND- ENT TO 1) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE AO, SUBMIT INFORMATION DETAILING WHY RESPONDENT HAS NOT COM- PLIED WITH SECTION 301 OF THE CWA, 2) WITHIN 30 DAYS OF THE AO, APPLY AND OBTAIN NPDES PERMIT COVERAGE, AND 3) SUBMIT A COPY OF THE POLLUTION PREVENTION PLAN DEVELOPED FOR COMPLIANCE WITH THE PERMIT.

Defendants (1)

• O'KELLEY SAND & GRAVEL, INC.Named in complaintNamed in settlement

Facilities (1)

• O'KELLEY SAND & GRAVEL, INC.

  ESPEJO RD OR O'KELLEY RD AT COLUMBUS HWY, DEMING, NM, 88031

  Registry ID: 110010734991

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• O'KELLEY SAND & GRAVEL, INC.entered 1997-08-29

  Primary law: CWA

Timeline (4 milestones)

• 1997-08-29Complaint Filed/Proposed Order
• 1997-08-29Final Order Issued
• 1997-09-15Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed