EPA v. JAMES ROGER, D/B/A/ ALAMO TRANSIT MIX

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. JAMES ROGER ALAMO TRANSIT MIX 7034 HIGHWAY 70 NORTH ALAMOGORDO, OTERO COUNTY, NE MEXICO 85310 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO DEVELOP, IMPLEMENT AND MAINTAIN A STORM WATER POLLUTION PREVENTION PLAN (SWPPP). 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 SWPPP THAT IS IN AC- CORDANCE WITH THE PERMIT APPLIED FOR, AND D) WITHIN 45 DAYS OF THE AO, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• JAMES ROGER, D/B/A/ ALAMO TRANSIT MIXNamed in complaintNamed in settlement

Facilities (1)

• ALAMO TRANSIT MIX

  7034 HIGHWAY 70 NORTH, ALAMOGORDO, NM, 88310

  Registry ID: 110009148163

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• JAMES ROGER, D/B/A/ ALAMO TRANSIT MIXentered 1998-02-17

  Primary law: CWA

Timeline (4 milestones)

• 1998-02-17Complaint Filed/Proposed Order
• 1998-02-17Final Order Issued
• 1998-03-10Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed