EPA v. BELEN, CITY 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. CITY OF BELEN, A NEW MEXICO MUNICIPALITY 525 BECKER AVENUE BELEN, VALENCIA COUNTY, NEW MEXICO 87002 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO PROPERLY OPERATE AND MAINTAIN ITS FACILITY SO AS TO MINIMIZE THE OCCURRENCE OF UNAUTHORIZED DISCHARGES. 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 ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS; B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN AND EXPLAINING HOW THESE ACTIONS WILL PREVENT RECURRENCE; C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO; D) REPORT COMPLI- ANCE OR NONCOMPLIANCE WITH THE REQUIREMENTS OF (C) ABOVE NO LATER THAN 14 DAYS OF A SPECIFIC ACTION; E) SUBMIT PROGRESS REPORTS IN ACCORDANCE WITH THE SCHEDULE; F) CON- TINUE TO REPORT ALL INSTANCES OF NONCOMPLIANCE WITH THE CWA ON A MONTHLY BASIS; G) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE; AND H) ALL TERMS AND CONDI- TIONS OF THE PERMIT ARE EFFECTIVE AS ISSUED AND REQUIRE FULL COMPLIANCE.

Defendants (1)

• BELEN, CITY OFNamed in settlement

Facilities (1)

• BELEN WWTP, CITY OF

  1300 CONSERVICY ROAD, BELEN, NM, 87002

  Registry ID: 110001934462

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BELEN, CITY OFentered 1999-09-24

  Primary law: CWA

Timeline (5 milestones)

• 1999-09-24Complaint Filed/Proposed Order
• 1999-09-24Final Order Issued
• 1999-09-30Enforcement Action Data Entered
• 2000-02-24Compliance Achieved
• 2000-02-24Enforcement Action Closed