EPA v. EAGLE READY MIX D.B.A. C & E CONCRETE, INC.

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. 1319(A). 2. EAGLE READY MIX , D.B.A. C & E CONCRETE, INC, A NEW MEXICO CORPORATION CYRSTAL AVENUE GAMERCO, MCKINLEY COUNTY, NEW MEXICO 87317 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO DEVELOP OR IMPLEMENT A STORM WATER POLLUTION PREVENTION PLAN (SWPPP) OR IMPLEMENTING BEST MANAGEMENT PRACTICES AT THE FACILITY. 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 TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE PERMIT, AND B) 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)

• EAGLE READY MIXNamed in complaintNamed in settlement

Facilities (1)

• C & E CONCRETE, INC.

  CRYSTAL AVE, GAMERCO, NM, 87317

  Registry ID: 110010655335

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• EAGLE READY MIX, D.B.A. C & E CONCRETE, INC.entered 1997-10-17

  Primary law: CWA

Timeline (4 milestones)

• 1997-10-17Complaint Filed/Proposed Order
• 1997-10-17Final Order Issued
• 1997-12-08Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed