EPA v. AMERICAN METALS COMPANY D.B.A. RON MITCHELL

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. RON MITCHEL AMERICAN METALS COMPANY 1905 RADIO BOULEVARD CARLSBAD, EDDY COUNTY, NEW MEXICO 88220 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO APPLY FOR PERMIT COVERAGE FOR ITS FACILITY AND NOT BEING COVERED BY A NPDES PERMIT AT THE TIME OF THE DISCHARGES. 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, MAKE A COMPLETE AND CORRECT APPLICATION FOR NPDES PERMIT COVERAGE AND SUBMIT TO EPA THE A CONFIRMATION OF PERMIT COVERAGE AND THE NPDES PERMIT NUMBER, 2) SUBMIT A COPY OF THE POLLUTION PREVENTION PLAN DEVELOPED FOR COMPLIANCE WITH THE PERMIT, AND 3) WITHIN 30 DAYS OF THE AO, SUBMIT INFORMATION DETAILING WHY RESPONDENT HAS NOT COMPLIED WITH SECTION 301 OF THE CWA.

Defendants (1)

• RON MITCHELLNamed in complaintNamed in settlement

Facilities (1)

• AMERICAN METALS COMPANY

  1905 RADIO BLVD, CARLSBAD, NM, 88220

  Registry ID: 110001556281

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• AMERICAN METALS COMPANYentered 1997-08-28

  Primary law: CWA

Timeline (4 milestones)

• 1997-08-28Complaint Filed/Proposed Order
• 1997-08-28Final Order Issued
• 1997-09-19Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed