EPA v. INCA CONSTRUCTION CO., INC. AND SANTA FE VILLAGE, INC.

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. INCA CONSTRUCTION CO., INC., A NEW MEXICO CORPORATION SANTA FE VILLAGE, INC., A NEW MEXICO CORPORATION FACILITY: SANTA FE VILLAGE CONSTRUCTION PROJECT SHERIFF'S POSSE ROAD AND CAMINO VISTA BERNALILLO, SANDOVAL COUNTY, NEW MEXICO 87004 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO MAKE A TIMELY APPLICATION FOR PERMIT COVER- AGE FOR ITS ACTIVITIES AT THE FACILITY, AND WERE NOT COVERED BY A NPDES PERMIT AT THE RELEVANT TIMES FOR THE RELEVANT ACTIVITIES. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER (AO). THE AO ORDERED THE RESPONDENT TO: A) WITHIN 30 DAYS, MAKE A COMPLETE AND CORRECT APPLICATION FOR PERMIT COVERAGE, SUBMIT A COPY OF THE APPLICATION, CONFIRMATION OF COVER- AGE, ANF THE ASSIGNED PERMIT NUMBER TO EPA, B) WITHIN 30 DAYS, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RECUR- RENCE OF THE VIOLATIONS CITED, AND TO COME INTO COMPLI- ANCE, C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAIL- ING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS AND EXPLAIN HOW THEY WILL PREVENT RECURRENCE, D) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT OF ANY OTHER INDUSTRIAL ACTIVITY INCLUDING CONSTRUCTION THAT IS CURRENTLY IN- VOLVED IN AT OTHER LOCATIONS, AND E) WITHIN 45 DAYS, AR- RANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (2)

• SANTA FE VILLAGE, INC.Named in settlement
• INCA CONSTRUCTION CO., INC.Named in settlement

Facilities (1)

• SANTA FE VILLAGE CONST PROJECT

  SHERIFF'S POSSE RD & CAMINO VISTA, BERNALILLO, NM, 87004

  Registry ID: 110010734367

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• INCA CONSTRUCTION CO., INC. AND SANTA FE VILLAGE,entered 1999-05-24

  Primary law: CWA

Timeline (5 milestones)

• 1999-05-24Complaint Filed/Proposed Order
• 1999-05-24Final Order Issued
• 1999-06-04Enforcement Action Data Entered
• 1999-06-28Compliance Achieved
• 1999-06-28Enforcement Action Closed