EPA v. AMREP SOUTHWEST, INC. AND JOINER CONSTRUCTION COMPANY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. AMREP SOUTHWEST, INC., A NEW MEXICO CORPORATION JOINER CONSTRUCTION COMPANY, A NEW MEXICO CORPORATION FACILITY: ENCHANTED HILLS/NORTHERN MEADOWS SOUTHWEST JUNCTION OF NEW MEXICO STATE HIGHWAY 528 AND NEW MEXICO STATE HIGHWAY 44, WEST OF BERNALILLO, SANDOVAL COUNTY, NEW MEXICO 87004 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301 OF THE CWA BY CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FACILITY 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 ORDERED THE RESPONDENT TO: A) WITHIN 30 DAYS, APPLY FOR AND OBTAIN NPDES PERMIT COVERAGE AND SUBMIT A COPY OF THE APPLICATION, CONFIRMATION OF COVERAGE, AND THE PERMIT NUMBER TO EPA, B) WITHIN 30 DAYS, TAKE WHAT- EVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DE- FICIENCIES, ELIMINATE AND PREVENT RECURRENCE OF THE VIO- LATIONS, AND TO COME INTO COMPLIANCE, C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS AND EXPLAINING WHY SUCH ACTIONS WILL PREVENT RECURRENCE OF THE VIOLATIONS, AND D) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (2)

• AMREP SOUTHWEST, INC.Named in complaintNamed in settlement
• JOINER CONSTRUCTION COMPANYNamed in complaintNamed in settlement

Facilities (1)

• ENCHANTED HILLS/NORTHERN MEADOWS

  SW OF JUNCTION OF NM STATE HWY 528 AND 44, W OF, BERNALILLO, NM, 87004

  Registry ID: 110010782260

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• AMREP SOUTHWEST, INC. AND JOINER CONSTRUCTION COMPentered 1998-08-17

  Primary law: CWA

Timeline (4 milestones)

• 1998-08-17Complaint Filed/Proposed Order
• 1998-08-17Final Order Issued
• 1998-09-09Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed