EPA v. LOS ALAMOS, COUNTY 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. COUNTY OF LOS ALAMOS, A NEW MEXICO MUNICIPALITY LOS ALAMOS COUNTY MUNICIPAL SOLID WASTE LANDFILL EAST JEMEZ ROAD LOS ALAMOS, LOS ALAMOS COUNTY, NEW MEXICO 87544 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY VIOLATING ITS NPDES PERMIT BY FAILING TO CONDUCT MONITOR- ING AND REPORTING OF ITS STORM WATER DISCHARGES, FAILING TO IMPLEMENT BEST MANAGEMENT PRACTICES AT THE FACILITY, AND NOT CONDUCTING SITE COMPLIANCE EVALUATIONS ANNUALLY. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) TO THE RESPONDENT. THE AO ORDERED 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 TO COME INTO COMPLIANCE, B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC AC- TIONS TAKEN TO CORRECT THE VIOLATIONS AND EXPLAINING WHY SUCH ACTIONS WILL PREVENT RECURRENCE, C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, SUBMIT A COM- PREHENSIVE PLAN TO CORRECT AND PREVENT RECURRENCE OF THE VIOLATIONS IN THE SHORTEST TIME POSSIBLE, AND D) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• LOS ALAMOS, COUNTY OFNamed in complaintNamed in settlement

Facilities (1)

• LOS ALAMOS COUNTY MUNICIPAL LDFL

  E JEMEZ RD, LOS ALAMOS, NM, 87544

  Registry ID: 110010782251

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• LOS ALAMOS, COUNTY OFentered 1998-08-28

  Primary law: CWA

Timeline (4 milestones)

• 1998-08-28Complaint Filed/Proposed Order
• 1998-08-28Final Order Issued
• 1998-09-09Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed