EPA v. MORRIS CALKINS, D/B/A C & S AUTO SALVAGE

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. MORRIS CALKINS C & S AUTO SALVAGE 732 HIGHWAY 70 WEST ALAMOGORDO, OTERO COUNTY, NEW MEXICO 88310 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO MALE 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 NPDES PERMIT COVERAGE FOR STORM WATER DISCHARGES AND SUBMIT TO EPA A COPY OF THE APPLICATION AND PERMIT WITH THE THE PERMIT NUMBER, B) WITHIN 30 DAYS OF THE AO, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIEN- CIES AND ELIMINATE AND PREVENT RECURRENCE OF THE VIOLA- TIONS CITED AND COME INTO COMPLIANCE WITH ALL OF THE AP- PLICABLE REQUIREMENTS OF THE PERMIT, AND C) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED AND EXPLAINING WHY SUCH ACTIONS ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT RECURRENCE OF THE VIOLATIONS.

Defendants (1)

• MORRIS CALKINSNamed in complaintNamed in settlement

Facilities (1)

• C & S AUTO SALVAGE

  732 HWY 70 W, ALAMOGORDO, NM, 883107612

  Registry ID: 110010723397

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MORRIS CALKINS, D/B/A/ C & S AUTO SALVAGEentered 1997-10-20

  Primary law: CWA

Timeline (4 milestones)

• 1997-10-20Complaint Filed/Proposed Order
• 1997-10-20Final Order Issued
• 1997-12-08Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed