EPA v. C & E CONCRETE, INC.

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. C & E CONCRETE, INC., A NEW MEXICO CORPORATION BUSINESS HIGHWAY 49 MILAN, CIBOLA COUNTY, NEW MEXICO 87021 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO DEVELOP OR IMPLEMENT A STORM WATER POLLUTION PREVENTION PLAN (SWPPP) AND FAILING TO IMPLEMENT 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, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO COR- RECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RECUR- RENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE PERMIT, AND 2) 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)

• C & E CONCRETE, INC.Named in complaintNamed in settlement

Facilities (1)

• C & E CONCRETE, INC.

  BUSINESS HIGHWAY 40, MILAN, NM, 87021

  Registry ID: 110010723413

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• C & E CONCRETE, INC.entered 1997-10-17

  Primary law: CWA

Timeline (5 milestones)

• 1997-10-17Final Order Issued
• 1997-10-17Complaint Filed/Proposed Order
• 1997-12-08Enforcement Action Data Entered
• 1999-03-15Compliance Achieved
• 1999-03-15Enforcement Action Closed