EPA v. MILK MAKERS #1, A LIMITED LIABILITY CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. MILK MAKERS #1, A LIMITED LIABILITY CORPORATION PORTALES, ROOSEVELT COUNTY, NEW MEXICO 88130 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 10 FAILING TO DEVELOP AND IMPLEMENT AN APPROPRIATE POLLU- TION PREVENTION PLAN (PPP) BY MAY 12, 1994, AND 2) AN UN- AUTHORIZED DISCHARGE OF POLLUTANTS TO THE ROOSEVELT COUN- TY (10S) ROAD DITCH. 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 WHAT- EVER ACTION IS NECESSARY TO DEVELOP AND IMPLEMENT A PPP UTILIZING BEST MANAGEMENT PRACTICES (BMPS) AS APPROPRIATE FOR THE FACILITY, MAINTAINING THE PPP AT THE FACILITY; B) WITHIN 30 DAYS, SUBMIT A LETTER TO EPA CERTIFYING THAT THE PPP HAS BEEN COMPLETED AND IMPLEMENTED; OR NOT POS- SIBLE TO DEVELOP AND IMPLEMENT A PPP IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A WRITTEN PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME, WITH A COMPLETION AND IMPLEMENTATION PRO- POSED DATE; AND C) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• MILK MAKERS #1Named in settlement

Facilities (1)

• MILK MAKERS #1

  IN ROOSEVELT COUNTY, PORTALES, NM, 88130

  Registry ID: 110010658038

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MILK MAKERS #1entered 1999-11-30

  Primary law: CWA

Timeline (4 milestones)

• 1999-11-30Complaint Filed/Proposed Order
• 1999-11-30Final Order Issued
• 1999-12-09Enforcement Action Data Entered
• 2000-08-02Enforcement Action Closed