EPA v. DAVID BAEZA, D.B.A. D & G CONSTRUCTION , AND D.B.A. DESERT

Case summary

SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. DAVID BAEZA, D.B.A. D & G CONSTRUCTION, AND D.B.A. DESERT VALLEY READY MIX 2601 M STREET DEMING, LUNA COUNTY, NEW MEXICO 88030 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO MAKE A TIMELY APPLICATION FOR PERMIT COVERAGE FOR ITS ACTIVITIES AT THE FACILITY, AND WAS NOT COVERED BY A NPDES PERMIT AT THE RELEVANT TIMES FOR THE RELEVANT ACTIVITIES. 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, MAKE A COMPLETE AND CORRECT APPLICATION FOR COVERAGE UNDER THE PERMIT, SUBMITTING A COPY OF THE APPLICATION AND A COPY OF THE CONFIRMATION OF COVERAGE WITH THE PER- MIT NUMBER TO EPA, B) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE AO, TAKE WHATEVER CORRECTIVE ACTION IS NECES- SARY TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PRE- VENT RECURRENCE OF THE VIOLATIONS, AND C) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC TIONS TAKEN TO CORRECT THE VIOLATIONS AND EXPLAINING WHY SUCH ACTIONS ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT RECURRENCE OF THE VIOLATIONS.

Defendants (1)

• DAVID BAEZANamed in complaintNamed in settlement

Facilities (1)

• DESERT VALLEY READI MIX

  2601 M ST, DEMING, NM, 88030

  Registry ID: 110010698272

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DAVID BAEZA, D.B.A. DESERT VALLEY READY MIX, AND Dentered 1997-10-07

  Primary law: CWA

Timeline (5 milestones)

• 1997-10-07Complaint Filed/Proposed Order
• 1997-10-07Final Order Issued
• 1997-11-12Compliance Achieved
• 1997-11-12Enforcement Action Closed
• 1997-11-20Enforcement Action Data Entered