EPA v. SOCORRO, CITY OF

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. CITY OF SOCORRO 320 S. MAIN STREET SOCORRO, SOCORRO COUNTY, NEW MEXICO 87801 3. RESPONDENT WQWAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) DISCHARGING FLOATING SOLIDS IN OTHER THAN TRACE A- MOUNTS, 2) FAILING TO PROPERLY OPERATE AND MAINTAIN THE FACILITY, 3) FAILING TO USE AN APPROVED TEST PROCEDURE FOR MEASURING THE BOD PARAMETER, AND 4) HAVING THEIR FLOW METER READING OUTSIDE THE ACCEPTABLE DEVIATION. 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 ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED, 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, AND C) IF THE PERMITTEE BELIEVES COMPLETE CORRECTION OF THE VIOLATIONS IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A SCHEDULE FOR ELIMINATION OF THE VIO- LATIONS IN THE SHORTEST TIME POSSIBLE.

Defendants (1)

• SOCORRO, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• SOCORRO CITY OF

  302 MAIN STREET, SOCORRO, NM, 87801

  Registry ID: 110000734590

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• SOCORRO, CITY OFentered 1997-12-16

  Primary law: CWA

Timeline (5 milestones)

• 1997-12-16Complaint Filed/Proposed Order
• 1997-12-16Final Order Issued
• 1998-01-06Enforcement Action Data Entered
• 2001-02-02Compliance Achieved
• 2001-02-02Enforcement Action Closed