EPA v. AMERICAN METALS COMPANY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. AMERICAN METALS COMPANY NAOIMI MURPHY NEW MEXICO STATE HIGHWAY 666, NORTH OF GALLUP P.O. BOX 2634 GALLUP, MCKINLEY COUNTY, NEW MEXICO 87305 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO MAKE AN APPLICATION FOR PERMIT COVERAGE FOR ITS ACTIVITIES AT THE FACILITY, AND WAS NOT COVERED BY A NPDES PERMITAT THE RELEVANT TIMES FOR THE RELEVANT ACTIV- ITIES. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RESPOND- ENT TO: A) 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, B) WITHIN 30 DAYS OF THE AO, MAKE A COMPLETE AND CORRECT APPLICATION FOR NPDES PERMIT COVERAGE AND SUBMIT A COPY OF THE PERMIT APPLICA- TION AND CONFIRMATION OF COVERAGE SHOWING THE NPDES PER- MIT NUMBER, AND C) SUBMIT A COPY OF THE POLLUTION PRE- VENTION PLAN DEVELOPED FOR COMPLIANCE WITH THE PERMIT.

Defendants (1)

• NAOMI MURPHYNamed in complaintNamed in settlement

Facilities (1)

• AMERICAN METALS COMPANY

  NM HWY 666 NORTH, GALLUP, NM, 87301

  Registry ID: 110010757289

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• AMERICAN METALS COMPANYentered 1997-08-29

  Primary law: CWA

Timeline (4 milestones)

• 1997-08-29Complaint Filed/Proposed Order
• 1997-08-29Final Order Issued
• 1997-09-22Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed