EPA v. RESERVE, THE 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. THE VILLAGE OF RESERVE, A NEW MEXICO MUNICIPALITY PLANT STREET AT THE SOUTHEAST END OF THE VILLAGE RESERVE, CATRON COUNTY, NEW MEXICO 87830 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) FAILING TO PROPERLY CONDUCT OR RECORD MONITORING AND MONITORING RESULTS, 2) FAILING TO PROPERLY OPERATE AND MAINTAIN THE FACILITY, AND 3) IMPROPER STORAGE OF STOCK- PILED SLUDGE. 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 ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED, B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC AC- TIONS TAKEN TO CORRECT THE VIOLATIONS AND EXPLAIN HOW THEY WILL PREVENT RECURRENCE, AND C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST REA- SONABLE TIME.

Defendants (1)

• RESERVE, THE VILLAGE OFNamed in settlement

Facilities (1)

• RESERVE VILLAGE OF

  PLANT ST SE END OF VILLAGE, RESERVE, NM, 87830

  Registry ID: 110010656879

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• RESERVE, THE VILLAGE OFentered 1999-01-14

  Primary law: CWA

Timeline (5 milestones)

• 1999-01-14Complaint Filed/Proposed Order
• 1999-01-14Final Order Issued
• 1999-01-29Enforcement Action Data Entered
• 2001-07-03Compliance Achieved
• 2009-10-06Enforcement Action Closed