EPA v. C & E CONCRETE, INC., ANEW MEXICO CORP., DBA EAGLE READY MIX

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. C & E CONRETE, INC., A MEW MEXICO CORPORATION D.B.A. EAGLE READY MIX 5 MILES NORTH OF GALLUP, NEW MEXICO, OFF HIGHWAY 66 GAMERCO, MCKINLEY COUNTY, NEW MEXICO 87317 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO VIOLATING THE CONDITIONS OF THE ITS STORM WATER POLLUTION PREVENTION PLAN (SWPPP) AND NOT BEING IN COMPLIANCE WITH ITS PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) TO THE RESPONDENT. THE AO ORDERS THE RESPONDENT 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 REQUIRE- MENTS OF THE PERMIT AND REGULATIONS, B) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED, EXPLAIN WHY ACTIONS ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT THE RECURRENCE OF THE VIOLATIONS, AND INCLUDE A COPY OF THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) PRE- PARED IN ACCORDANCE WITH THE PERMIT REQUIREMENTS, C) IF THE PERMITTEE BELIEVES COMPLETE CORRECTION OF THE VIOLA- TIONS IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A COMPREHENSIVE WRITTEN PLAN FOR ELIMINA- TION AND PREVENTION OF VIOLATION IN THE SHORTEST TIME POSSIBLE, AND D) WITHIN 45 DAYS OF THE AO, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• C & E CONCRETE, INC. D.B.A. EAGLE READYNamed in complaintNamed in settlement

Facilities (1)

• C & E CONCRETE

  5 M N OF GALLUP, OF HWY 66, GAMERCO, NM, 87317

  Registry ID: 110010734713

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• C & E CONCRETE, INC. D.B.A. EAGLE READY MIXentered 1998-03-20

  Primary law: CWA

Timeline (4 milestones)

• 1998-03-20Final Order Issued
• 1998-03-20Complaint Filed/Proposed Order
• 1998-04-07Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed