EPA v. RUSSELL GALLEGOS, D.B.A. GALLEGOS SCRAP METAL

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. RUSSEL GALLEGOS, D.B.A. GALLEGOS SCRAP METAL 1014 CALLE GALLEGOS FAIRVIEW, RIO ARRIBA COUNTY, NEW MEXICO 87533 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO UPDATE ITS STORM WATER POLLUTION PREVENTION PLAN (SWPPP) TO THE MULTI-SECTOR GENERAL PERMIT AS RE- QUIRED WHEN RESPONDENT OBTAINED COVERAGE ON SEPT. 19, 1997. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENT TO: A) WITHIN 30 DAYS, TAKE COR- RECTIVE ACTION TO CORRECT THE DEFICIENCIES, ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS, AND TO COME IN- TO COMPLIANCE; B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIO- LATIONS AND EXPLAIN HOW THESE ACTIONS WILL PREVENT RECUR- RENCE AND INCLUDE A COPY OF THE SWPPP PREPARED IN ACCOR- DANCE WITH THE PERMIT; 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 POSSIBLE TIME.

Defendants (1)

• RUSSELL GALLEGOSNamed in settlement

Facilities (1)

• GALLEGOS SCRAP METAL

  1014 CALLE GALLEGOS, FAIRVIEW, NM, 87533

  Registry ID: 110010657734

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• RUSSELL GALLEGOS D.B.A. GALLEGOS SCRAP METALentered 1999-08-30

  Primary law: CWA

Timeline (5 milestones)

• 1999-08-30Complaint Filed/Proposed Order
• 1999-08-30Final Order Issued
• 1999-09-09Enforcement Action Data Entered
• 1999-10-22Compliance Achieved
• 1999-10-22Enforcement Action Closed