EPA v. TOM POTTER, D/B/A TOM & LONNY'S AUTO REPAIR AND SALVAGE

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. TOM POTTER TOM & LONNY'S AUTO REPAIR & SALVAGE BOER ROAD OFF U.S. HIGHWAY 54 TULAROSA, OTERO COUNTY, NEW MEXICO 88352 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO HAVE AN NPDES PERMIT FOR ITS STORM WATER DIS- CHARGES, AND 2) FAILING TO CREATE OR IMPLEMENT A POLLU- TION PREVENTION PLAN AND BEST MANAGEMENT PRACTICES FOR THE FACILITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO0 ORDERING THE RESPOND- ENT TO: A) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE AO, MAKE A COMPLETE AND CORRECT APPLICATION FOR PERMIT COVERAGE AND SUBMIT A COPY OF THE APPLICATION AND PERMIT ALONG WITH THE PERMIT NUMBER TO EPA, B) WITHIN 30 DAYS OF THE AO, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RECUR- RENCE OF THE VIOLATIONS CITED, AND COME INTO COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE PERMIT, AND C) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAIL- ING 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)

• TOM POTTERNamed in complaintNamed in settlement

Facilities (1)

• TOM & LONNY'S AUTO REPAIR & SALVAGE

  BOER RD OFF U.S. HWY 54, TULAROSA, NM, 88352

  Registry ID: 110064214951

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• TOM POTTER, D/B/A/ TOM & LONNY'S AUTO REPAIR & SALentered 1997-10-16

  Primary law: CWA

Timeline (4 milestones)

• 1997-10-16Complaint Filed/Proposed Order
• 1997-10-16Final Order Issued
• 1997-12-08Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed