EPA v. NEW MEXICO STATE HIGHWAY AND TRANSPORTATION DEPARTMENT

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. NEW MEXICO STATE HIGHWAY AND TRANSPORTATION DEPARTMENT, A NEW MEXICO AGENCY AND MEADOW VALLEY CONTRACTORS, A NEVEDA CORPORATION FACILITIES: 1. TPA-(0048)(12)-CN1738 - PROJECT 12 BEGINS AT SUDDERTH STREET AND ENDS AT WHITE MOUNTAIN ROAD RIUDOSO, LINCOLN COUNTY, NEW MEXICO 88345 2. TPA-(0048)(10)-CN0999 - PROJECT 10 BEGINS AT WHITE MOUNTAIN ROAD AND ENDS AT NM532 RIUDOSO, LINCOLN COUNTY, NEW MEXICO 88345 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301 OF THE CWA BY CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FACILITIES WITHOUT NPDES PERMIT COVERAGE. 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, APPLY FOR A PERMIT COVERAGE, SUBMITTING A COPY OF THE APPLICATION, CONFIRMATION OF COVERAGE, AND THE ASSIGNED PERMIT NUMBER TO EPA; B) WITHIN 30 DAYS, TAKE CORRECTIVE ACTION TO COR- RECT THE DEFICIENCIES, ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS, AND TO COME INTO COMPLIANCE; C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN AND EXPLAIN HOW THESE ACTIONS WILL PREVENT RECURRENCE; AND D) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (2)

• MEADOW VALLEY CONTRACTORSNamed in settlement
• NEW MEXICO STATE HIGHWAY AND TRANSPORTATNamed in settlement

Facilities (2)

• TPA-(0048)(10)-CN0999 - PROJECT 10

  BEGINS AT WHITE MOUNTAIN RD AND ENDS AT NM HWY 532, RUIDOSO, NM, 88345

  Registry ID: 110010735598

• TPA-(0048)(12)-CN1738 - PROJECT 12

  BEGINS AT SUDDERTH ST AND ENDS AT WHITE MOUNTAIN R, RUIDOSO, NM, 88345

  Registry ID: 110010735589

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• NEW MEXICO STATE HIGHWAY AND TRANSPORTATION DEPARTentered 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
• 1999-10-19Compliance Achieved
• 1999-10-19Enforcement Action Closed