EPA v. BELEN, NEW MEXICO, CITY OF
Unilateral Administrative Order Without Adjudication
Case summary
1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. CITY OF BELEN 525 BECKER AVENUE BELEN, VALENCIA COUNTY, NEW MEXICO 87002 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA AND PARTS 1.A., III.B., III.C., AND III.D. BY EXCEEDING THE EFFLUENT LIMITS OF THE PERMIT, INADEQUATE OPERATION AND MAINTENANCE OF THE FACILITIES, INADEQUATE RECORDKEEPING AND REPORTING, AND UNSATISFACTORY MONITORING AND SAM- PLING. 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, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO ELIM- INATE AND PREVENT RECURRENCE OF THE VIOLATIONS IN THE SHORTEST TIME POSSIBLE, AND 2) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS AND EXPLAIN WHY SUCH AC- TIONS ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT RECUR- RENCE OF THE VIOLATIONS.
Defendants (1)
- BELEN, NEW MEXICO, CITY OFNamed in complaintNamed in settlement
Facilities (1)
BELEN WWTP, CITY OF
1300 CONSERVICY ROAD, BELEN, NM, 87002
Registry ID: 110001934462
Statutes cited
- CWA 301 — NPDES Discharge without a Permit
Enforcement conclusions (1)
BELEN, NEW MEXICO, CITY OFentered 1997-09-23
Primary law: CWA
Timeline (5 milestones)
- 1997-09-23Complaint Filed/Proposed Order
- 1997-09-23Final Order Issued
- 1997-09-30Enforcement Action Data Entered
- 2001-04-05Compliance Achieved
- 2001-04-05Enforcement Action Closed
Case metadata
- EPA activity ID
- 37656
- Case number
- 06-1997-0831
- Lead agency
- EPA
- HQ division
- WAT
- Branch
- 6EN-L
- EPA region
- 06
- Multimedia
- No
- Voluntary self-disclosure
- No
- Primary statute
- NPDES Discharge without a Permit
Sourced verbatim from EPA ECHO Enforcement Case Report for case 06-1997-0831 . Bulk data: ICIS-FEC download summary.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.