EPA v. GORZEMAN DAIRY NO. 1, A.K.A. HLGLLC, A NEW MEXICO COMPANY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. GORZEMAN DAIRY NO. 1, ALSO KNOWN AS HLGLLC, A NEW MEXICO CORPORATION SOUTH OF LAS CRUCES, ON HIGHWAY 10 TO EXIT 155, WEST 2 MILES TO NM478, SOUTH 2.4 MILES THEN LEFT TO END OF THE ROAD MESQUITE, DONA ANA COUNTY, NEW MEXICO 88048 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO DEVELOP AND IMPLEMENT A POLLUTION 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) THAT REQUIRED THE RESPONDENT TO: A) WITHIN 30 DAYS, TAKE COR- RECTIVE ACTION TO ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS, IMPLEMENT A PPP UTILIZING BEST MANAGEMENT PRACTICES AS APPROPRIATE, AND MAINTAIN THE PPP AT THE FA- CILITY; B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DE- TAILING 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 ALL IN- STANCES OF NONCOMPLIANCE WITH THE CWA ON A MONTHLY BASIS OR SOONER, E) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE; AND F) ALL TERMS AND CONDITIONS OF THE PERMIT ARE EFFECTIVE AS ISSUED AND REQUIRE FULL COMPLI- ANCE.

Defendants (1)

• GORZEMAN DAIRY NO. 1, AKA HLGLLCNamed in settlement

Facilities (1)

• GORZEMAN DAIRY NO. 1 AKA HLGLLC

  HWY 10 TO EXIT 155, W 2 M TO NM487, S 2.4 M LEFT, LAS CRUCES, NM, 88000

  Registry ID: 110010735570

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• GORZEMAN DAIRY NO. 1, AKA HLGLLCentered 1999-09-24

  Primary law: CWA

Timeline (4 milestones)

• 1999-09-24Complaint Filed/Proposed Order
• 1999-09-24Final Order Issued
• 1999-09-30Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed