EPA v. NIELSONS, INC., A COLORADO CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. NIELSONS, INC., A COLORADO CORPORATION WESTERN EDGE OF CHAMA ON U.S. HIGHWAY 64, SOUTH ON PRI- VATE ROAD OFF EAST SIDE NMH&TD MAINTENANCE YARD CHAMA, RIO ARRIBA COUNTY, NEW MEXICO 87520 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY CONDUCTING THE RELEVANT ACTIVITIES, SAND AND GRAVEL, AND OPERATING THE FACILITY WITHOUT APPROPRIATE 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, AP- PLY FOR AND OBTAIN PERMIT COVERAGE, AND SUBMIT A COPY OF THE APPLICATION, CONFIRMATION OF COVERAGE, AND PERMIT NUMBER TO EPA; (B) WITHIN 30 DAYS, TAKE WHATEVER CORRECT- IVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES, E- LIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS, AND TO COME INTO COMPLIANCE; (C) WITHIN 30 DAYS, SUBMIT A WRIT- TEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO COR- RECT THE VIOLATIONS AND HOW THEY WILL PREVENT RECURRENCE; (D) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, SUBMIT A PLAN TO DO SO IN THE SHORTEST TIME POSSIBLE; AND (E) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• NIELSONS, INC.Named in complaintNamed in settlement

Facilities (1)

• NIELSONS INC

  WESTERN EDGE OF CHAMA ON HWY 64, S ON PRIVATE RD E, CHAMA, NM, 87520

  Registry ID: 110010697898

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• NIELSONS, INC.entered 1998-06-12

  Primary law: CWA

Timeline (5 milestones)

• 1998-06-12Complaint Filed/Proposed Order
• 1998-06-12Final Order Issued
• 1998-07-14Enforcement Action Data Entered
• 1999-03-15Compliance Achieved
• 1999-03-15Enforcement Action Closed