EPA v. ESPANOLA MERCANTILE COMPANY, A NEW MEXICO CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. ESPANOLA MERCANTILE COMPANY, A NEW MEXICO CORPORATION, D.B.A. ESPANOLA TRANSIT MIX - VELARDE EAST OF STATE HIGHWAY 68 VELARDE, RIO ARRIBA COUNTY, NEW MEXICO 87582 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. 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, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES, ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS, AND COME INTO COMPLIANCE; B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS AND EXPLAINING HOW THEY WILL PREVENT RECURRENCE; C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, SUBMIT A PLAN TO DO SO IN THE SHORTEST TIME POSSIBLE; AND D) ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (2)

• ESPANOLA MERCANTILE COMPANYNamed in complaintNamed in settlement
• ESPANOLA TRANSIT MIX - VELARDENamed in settlement

Facilities (1)

• ESPANOLA MERCANTILE CO

  E OF STATE HWY 68, VELARDE, NM, 87582

  Registry ID: 110010705923

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ESPANOLA MERCANTILE COMPANYentered 1998-06-22

  Primary law: CWA

Timeline (4 milestones)

• 1998-06-22Complaint Filed/Proposed Order
• 1998-06-22Final Order Issued
• 1998-07-13Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed