EPA v. MIKE MCCLOSKEY, DBA COUNTY LINE DAIRY NO. 1 & 2
Unilateral Administrative Order Without Adjudication
Case summary
1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA:), 33 U.S.C. SECTION 1319(A). 2. MR. MIKE MCCLOSKEY, DBA COUNTY LINE DAIRY NO. 1 & 2 160 EAST JACKSON ROAD LAKE ARTHUR, CHAVES COUNTY, NEW MEXICO 88252 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM ITS FACILITY WITHOUT AUTHORI- ZATION OF AN NPDES 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 CORRECTIVE ACTION IS NECESSARY TO ELIMINATE AND PRE- VENT RECURRENCE OF THE VIOLATIONS CITED; B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC AC- TIONS TAKEN AND EXPLAIN HOW THESE ACTIONS WILL PREVENT RECURRENCE; C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMMPREHENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME; D) REPORT ALL IN- STANCES OF OF NONCOMPLIANCE WITH THE CWA TO EPA AND NMED IMMEDIATELY; AND E) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.
Defendants (1)
- MR. MIKE MCCLOSKEYNamed in settlement
Facilities (1)
COUNTY LINE DAIRY NO. 1 & 2
160 E JACKSON RD, LAKE ARTHUR, NM, 882539608
Registry ID: 110010696559
Statutes cited
- CWA 301 — NPDES Discharge without a Permit
Enforcement conclusions (1)
MR. MIKE MCCLOSKEY, DBA COUNTY LINE DAIRY NO. 1 &entered 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
- 2009-07-01Enforcement Action Closed
Case metadata
- EPA activity ID
- 39851
- Case number
- 06-2000-0224
- Lead agency
- EPA
- HQ division
- WAT
- Branch
- 6RC-E
- EPA region
- 06
- Multimedia
- No
- Voluntary self-disclosure
- No
- Primary statute
- NPDES Discharge without a Permit
Sourced verbatim from EPA ECHO Enforcement Case Report for case 06-2000-0224 . Bulk data: ICIS-FEC download summary.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.