EPA v. SIERRA TRANSIT MIX, INC., A NEW MEXICO CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. SIERRA TRANSIT MIX, INC., A NEW MEXICO CORPORATION 2200 NORTH GRAND, P.O. BOX 1494 LAS VEGAS, SAN MIGUEL COUNTY, NEW MEXICO 87701 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FA- CILITY WITHOUT NPDES PERMIT COVERAGE SINCE OCT. 1, 1992. 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 MAKE A COMPLETE AND CORRECT APPLICATION FOR PERMIT COVER- AGE, SUBMITTING A COPY OF THE APPLICATION, CONFIRMATION OF COVERAGE, AND 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 RE- CURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLI- ANCE WITH ALL OF THE APPLICABLE REQUIREMENTS OF THE PER- MIT, C) WITHIN 30 DAYS OF THE AO, SUBMIT A 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, OR D) IF THE RESPONDENT BELIEVES COMPLETE CORRECTION OF THE VIOLATIONS IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A DETAILED SCHEDULE FOR ELIMINATION AND PREVENTION OF RECURRENCE OF THE VIOLATIONS IN THE SHORT- EST TIME POSSIBLE.

Defendants (1)

• SIERRA TRANSIT MIX, INC.Named in complaintNamed in settlement

Facilities (1)

• SIERRA TRANSIT MIX, INC.

  2200 N GRAND, PO BOX 1494, LAS VEGAS, NM, 87701

  Registry ID: 110010698129

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• SIERRA TRANSIT MIX, INC.entered 1998-02-17

  Primary law: CWA

Timeline (4 milestones)

• 1998-02-17Complaint Filed/Proposed Order
• 1998-02-17Final Order Issued
• 1998-03-05Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed