EPA v. KEWA GAS, LTD.

Case summary

1. SECTION 311(B)(6)(B)(I) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1321(B)(6)(B)(I), AS AMENDED BY THE OIL POLLUTION ACT OF 1990. 2. KEWA GAS, LTD. FACILITY: KEWA GAS, LTD. SANTO DOMINGO BULK PLANT HIGHWAY 25 AND NEW MEXICO HIGHWAY 22 SANTO DOMINGO PUEBLO, SANDOVAL COUNTY, NEW MEXICO 87052 3. RESPONDENT WAS IN VIOLATION OF SECTION 311 OF THE CWA BY 1) INADEQUATE OR NO PREDICTION OF EQUIPMENT FAILURE WHICH COULD RESULT IN DISCHARGES, 2) PLAN HAS INADEQUATE OR NO DISCUSSION OF FACILITY CAR AND TRUCK LOADING/UNLOADING RACK, 3) FACILITY NOT FULLY FENCED AND ENTRANCE GATES ARE NOT LOCKED AND/OR GUARDED WHEN PLANT IS UNATTENDED OR NOT IN PRODUCTION, 4) FACILITY LIGHTING NOT COMMENSURATE WITH THE TYPE AND LOCATION OF FACILITY TO FACILITATE THE DIS- COVERY OF SPILLS DURING HOURS OF DARKNESS AND TO DETER VANDALISM, AND 5) PLAN HAS INADEQUATE OR NO DISCUSSION OF FACILITY SECURITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $400 FOR THE VIOLATIONS CITED.

Defendants (1)

• KEWA GAS, LTD.Named in complaintNamed in settlement

Facilities (1)

• KEWA GAS, LTD.

  I-25 AND NM HWY 22, SANTO DOMINGO PUEBLO, NM, 87052

  Registry ID: 110010734116

Statutes cited

• CWA 311 — Oil and Hazardous Substance Liability

Enforcement conclusions (1)

• KEWA GAS, LTD.entered 1999-07-30

  Primary law: CWA

  Federal penalty: $400

Timeline (5 milestones)

• 1999-06-23Complaint Filed/Proposed Order
• 1999-06-28Enforcement Action Data Entered
• 1999-07-30Final Order Issued
• 1999-07-30Compliance Achieved
• 1999-07-30Enforcement Action Closed