EPA v. MILK MAKERS #2, A NEW MEXICO 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 #2, A NEW MEXICO LIMITED LIABILITY CORP. ( FORMERLY KNOWN AS TRIPLE E DAIRY) 1051A SOUTH ROOSEVELT ROAD EAST PORTALES, ROOSEVELT COUNTY, NEW MEXICO 88130-9631 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO DEVELOP AND IMPLEMENT AN APPROPRIATE POLLUTION PREVENTION PLAN (PPP) FOR ITS FACILITY BY MAY 12, 1994, AS REQUIRED BY ITS PERMIT. 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, AND MAINTAIN THE PPP AT THE FACILITY; B) WITHIN 30 DAYS, SUBMIT A LETTER TO EPA CERTIFYING THAT THE PPP HAS BEEN COMPLETED AND IMPLEMENTED; OR, IF NOT POSSIBLE TO DEVELOP AND IMPLEMENT A PPP IN 30 DAYS, WITH- IN 30 DAYS, SUBMIT A WRITTEN PLAN TO COMPLETE AND IMPLE- MENT A PPP IN THE SHORTEST POSSIBLE TIME, INCLUDING THE ACTIONS TO BE TAKEN AND A PROPOSED COMPLETION AND IMPLE- MENTATION DATE; AND C) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• MILK MAKERS #2Named in settlement

Facilities (1)

• MILK MAKERS #2

  1051A S ROOSEVELT RD E, PORTALES, NM, 881309631

  Registry ID: 110010777034

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MILK MAKERS #2entered 2000-01-20

  Primary law: CWA

Timeline (4 milestones)

• 2000-01-20Complaint Filed/Proposed Order
• 2000-01-20Final Order Issued
• 2000-02-03Enforcement Action Data Entered
• 2000-08-02Enforcement Action Closed