EPA v. MR. JOSEPH GARCIA

Case summary

1. SECTION 309(G) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G). 2. MR. JOSEPH GARCIA P.O. BOX 90398 ALBUQUERQUE, BERNALILLO COUNTY, NEW MEXICO 87199 FACILITY: WETLANDS ADJACENT TO CHAVEZ CREEK, 4 MILES MILES NORTHEAT OF TIERRA AMARILLA, RIO ARRIBA COUNTY, NEW MEXICO 87575 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY: 1) RESPONDENT AND/OR INDIVIDUALS ACTING ON HIS BEHALF DISCHARGED DREDGED AND/OR FILL MATERIALS, BY MEANS OF HEAVY EQUIPMENT DURING SAND, GRAVEL, AND COBBLE MINING ACTIVITIES IN AND BELOW THE ORDINARY HIGH WATER MARK OF AND IN WETLANDS ADJACENT TO 7,000' OF CHAVEZ CREEK WITH- OUT A 404 PERMIT FROM THE COE. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G) OF THE CWA, EPA PROPOSED A CIVIL PENALTY OF $27,500 FOR THE VIOLATION.

Defendants (1)

• MR. JOSEPH GARCIANamed in complaint

Facilities (1)

• MR. JOSEPH GARCIA - WETLANDS

  ADJACENT TO 7000' OF CHAVEZ CREEK, 4 M NE OF, TIERRA AMARILLA, NM, 87575

  Registry ID: 110010696826

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CWA

Timeline (2 milestones)

• 1999-12-01Complaint Filed/Proposed Order
• 1999-12-02Enforcement Action Data Entered