EPA v. LARRY BERRY, D.B.A. BASIN PIPE & METAL

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. LARRY BERRY BASIN PIPE & METAL 6960 U.S. HIGHWAY 70 NORTH ALAMOGORDO, OTERO COUNTY, NEW MEXICO 88310 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO MAKE APPLICATION FOR AND OBTAINING NPDES PER- MIT COVERAGE FOR ITS ACTIVITIES AT THE FACILITY, AND FAILING TO DEVELOP IMPLEMENT, AND MAINTAIN A STORM WATER POLLUTION PREVENTION PLAN (SWPPP) AND BEST MANAGEMENT PRACTICES (BMPS) 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 OF THE APPLICABLE REQUIREMENTS OF THE PERMIT, 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, C) WITHIN 30 DAYS OF THE AO, SUBMIT A COPY OF THE STORM WATER POLLUTION PREVENTION PLAN (SWPP) THAT IS IN ACCORD- ANCE WITH THE PERMIT APPLIED FOR, AND D) WITHIN 45 DAYS OF THE AO, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• LARRY BERRY, D.B.A. BASIN PIPE & METALNamed in complaintNamed in settlement

Facilities (1)

• BASIN PIPE & METAL

  6960 HWY 70 N, ALAMOGORDO, NM, 883109135

  Registry ID: 110011029083

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• LARRY BERRY, D.B.A. BASIN PIPE & METALentered 1998-02-17

  Primary law: CWA

Timeline (5 milestones)

• 1998-02-17Complaint Filed/Proposed Order
• 1998-02-17Final Order Issued
• 1998-03-10Enforcement Action Data Entered
• 2000-11-29Compliance Achieved
• 2000-11-29Enforcement Action Closed