EPA v. MESA VERDE ENTERPRISES, 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. MESA VERDE ENTERPRISES, INC., A NEW MEXICO CORPORATION FACILITIES: 1. CONCRETE BATCH AND ASPHALT BATCH PLANT LA LUZ GATE ROAD 4 MILES WEST HWY. 54 2. SAND AND GRAVEL QUARRY 1 MILE EAST OF HWY 54 ALAMOGORDO, OTERO COUNTY, NEW MEXICO 88311 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FACILITIES WITHOUT NPDES PERMIT COVERAGE, AND 2) FAILING TO DEVELOP, IMPLEMENT, AND MAINTAIN A STORM WATER POLLU- TION PREVENTION PLAN (SWPPP) AND BEST MANAGEMENT PRAC- TICES (BMPS). 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 WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIO- LATIONS CITED AND EXPLAINING WHY SUCH ACTIONS ARE ANTICI- PATED TO BE SUFFICIENT TO PREVENT RECURRENCE OF THE VIO- LATIONS, WITHIN 30 DAYS OF THE AO, SUBMIT A SWPPP THAT IS IN ACCORDANCE WITH THE PERMIT APPLIED FOR, AND E) WITHIN 45 DAYS OF THE AO, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• MESA VERDE ENTERPRISES, INC.Named in complaintNamed in settlement

Facilities (2)

• MESA VERDE ENTERPRISES INC

  1 MILE E OF HWY 54, ALAMOGORDO, NM, 883105858

  Registry ID: 110010746434

• MESA VERDE ENTERPRISES INC

  LA LUZ GATE RD, ALAMOGORDO, NM, 883105858

  Registry ID: 110010726376

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MESA VERDE ENTERPRISES, INC.entered 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