EPA v. JOE NEILL, D/B/A/ NEILL CATTLE CO.

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. JOE NEILL, D/B/A/ NEILL CATTLE CO. BOX 326, 3 MILES SOUTH ON HIGHWAY 2 WELCH, CRAIG COUNTY, OKLAHOMA 74369 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO FULLY DEVELOP AND IMPLEMENT AN ADEQUATE POLLU- TION PREVENTION PLAN (PPP) FOR ITS FACILITY. 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, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO DEVELOP AND IMPLEMENT AN ADEQUATE PPP UTILIZING BEST MANAGEMENT PRACTICES (BMP) AS APPROPRIATE FOR THE FACILITY, MAIN- TAINING THE PPP AT THE FACILITY, B) WITHIN 30 DAYS, SUB- MIT A LETTER TO EPA CERTIFYING THAT AN ADEQUATE PPP HAS BEEN DEVELOPED AND IMPLEMENTED ; OR IF NOT POSSIBLE TO IMPLEMENT A PPP WITHIN 30 DAYS, WITHIN 30 DAYS SUBMIT A WRITTEN PLAN FOR THE COMPLETION AND IMPLEMENTATION OF AN APPROPRIATE PPP WITHIN THE SHORTEST POSSIBLE TIME, IN- CLUDING A DETAILED DESCRIPTION OF THE SPECIFIC ACTIONS TO BE TAKEN AND PROPOSED DATE OF COMPLETION AND IMPLEMENTA- TION, AND C) SUBMIT TO THE EPA ENFORCEMENT OFFICER, A COPY OF THE REQUIRED PPP AND ANY OTHER INFORMATION OR MATERIALS IT CONSIDERS RELEVANT.

Defendants (1)

• JOE NEILLNamed in settlement

Facilities (2)

• NEILL CATTLE CO

  BOX 326, WELCH, OK, 74369

  Registry ID: 110011014348

• NEILL CATTLE CO

  BOX 326, WELCH, OK, 74369

  Registry ID: 110011014348

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• JOE NEILL, D/B/A/ NEILL CATTLE CO.entered 1999-05-13

  Primary law: CWA

Timeline (4 milestones)

• 1999-05-13Complaint Filed/Proposed Order
• 1999-05-13Final Order Issued
• 1999-06-04Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed