EPA v. RIO GRANDE MATERIALS, INC., A TEXAS CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. RIO GRANDE MATERIALS, INC., A TEXAS CORPORATION FACILITIES: 1. NELSON CONCRETE 5.5. MILES EAST OF JUNCTION OF U.S. HWYS. 54 AND 70 NEW MEXICO 2. NELSON CONCRETE EAST AND SOUTH OF JUNCTION OF U.S. HWYS. 54 AND 70 NEW MEXICO 3. RESPONDENT WWAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO HAVE A NPDES PERMIT FOR ITS STORM WATER DIS- CHARGES AND FAILING TO DEVELOP AND IMPLEMENT A POLLUTION PREVENTION PLAN OR BEST MANAGEMENT PRACTICES AT THE FA- CILITIES. 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 AO, MAKE A COMPLETE AND CORRECT APPLICATION FOR NPDES PERMIT COVERAGE, SUBMITTING A COPY OF THE PERMIT APPLICATION, CONFIRMATION OF COVERAGE, AND PERMIT NUMBER TO EPA, B) WITHIN 30 DAYS OF THE AO, TAKE WHATEVER CORRECTIVE ACTION IS NECESARY TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED AND TO COME IN TO COMPLIANCE WITH ALL OF THE APPLICABLE REQUIREMENTS OF THE PERMIT, C) SUBMIT A COPY OF THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) IN ACCORDANCE WITH THE PERMIT, AND D) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAILING THESPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLA- TIONS CITED AND EXPLAINING WHY SUCH ACTIONS ARE ANTICI- PATED TO BE SUFFICIENT TO PREVENT RECURRENCE.

Defendants (1)

• RIO GRANDE MATERIALS, INC.Named in complaintNamed in settlement

Facilities (2)

• NELSON CONCRETE

  E AND S OF JUNCTION OF US HWY 54 AND 70, RUIDOSO, NM, 88345

  Registry ID: 110010723459

• NELSON CONCRETE

  5.5 MI E OF JUNCTION HWYS 54 AND 70, RUIDOSO, NM, 88345

  Registry ID: 110010698227

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• RIO GRANDE MATERIALS, INC.entered 1997-11-13

  Primary law: CWA

Timeline (4 milestones)

• 1997-11-13Complaint Filed/Proposed Order
• 1997-11-13Final Order Issued
• 1998-01-06Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed