EPA v. PECOS, NEW MEXICO, VILLAGE OF, A NEW MEXICO MUNICIPALITY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. VILLAGE OF PECOS, A NEW MEXICO MUNICIPALITY 1/2 MILE SOUTH AND 1/4 MILE EAST OF INTERSECTION OF STATE HIGHWAY 50 AND STATE HIGHWAY 63 PECOS, SAN MIGUEL COUNTY, NEW MEXICO 87552 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM ITS FACILITY THAT EXCEEDED PERMITTED EFFLUENT LIMITATIONS, AS SHOWN IN THE CERTIFIED DMRS FILED WITH EPA. 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 ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS, B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS AND EXPLAINING WHY SUCH ACTIONS WILL PREVENT RECURRENCE, AND C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, SUBMIT A COMPREHEN- SIVE PLAN TO DO SO IN THE SHORTEST TIME POSSIBLE.

Defendants (1)

• PECOS, NEW MEXICO, VILLAGE OFNamed in complaintNamed in settlement

Facilities (1)

• PECOS, VILLAGE OF (NM0029041)

  1/2 M S AND 1/4 M E OF INTX STATE HWYS 50 AND 63, PECOS, NM, 87552

  Registry ID: 110010697905

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PECOS, NEW MEXICO, VILLAGE OFentered 1998-08-17

  Primary law: CWA

Timeline (5 milestones)

• 1998-08-17Complaint Filed/Proposed Order
• 1998-08-17Final Order Issued
• 1998-09-04Enforcement Action Data Entered
• 1999-03-25Compliance Achieved
• 1999-03-25Enforcement Action Closed