EPA v. DAVID HOEKSTRA DBA CHEYENE DAIRY

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. MR. DAVID HOEKSTRA, D/B/A CHEYENNE DAIRY 170 CHEYENNE ROAD DEXTER, DONA ANA COUNTY, NEW MEXICO 88230 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO HAVE NPDES PERMIT COVERAGE, FAILING TO HAVE AN UPDATED AND FULLY IMPLEMENTED POLLUTION PREVENTION PLAN (PPP), AND FAILING TO DOCUMENT THAT THE FACILITY IS PROP- ERLY DESIGNED, CONSTRUCTED, OPERATED AND MAINTAINED TO CONTAIN ALL PROCESS GENERATED WASTEWATER AND THE RUNOFF FROM A 25-YEAR, 24-HOUR STORM EVENT. 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, TAKE ACTION TO COMPLY WITH ALL PROVISIONS OF THE CWA, INCLUDING THE USE OF BMPS; AND B) WITHIN 30 DAYS, SUBMIT A LETTER TO EPA CERTIFYING THAT ALL ITEMS NOTED IN THE INSPECTION RE- PORT AND THE AO HAVE BEEN COMPLETED AND IMPLEMENTED; OR, IF NOT POSSIBLE TO COMPLETE AND IMPLEMENT IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A WRITTEN PLAN FOR THE COMPLETION AND IMPLEMENTATION OF ALL THE MEASURES IN THE SHORTEST REASONABLE TIME, INCLUDING A DESCRIPTION OF THE SPECIFIC ACTIONS TAKEN AND A PROPOSED DATE FOR COMPLETION AND IM- PLEMENTATION.

Defendants (1)

• DAVID HOEKSTRA DBA CHEYENE DAIRYNamed in settlement

Facilities (1)

• CHEYENE DAIRY NO. 2

  170 CHEYENE RD, DEXTER, NM, 88230

  Registry ID: 110011031846

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MR. DAVID HOEKSTRA DBA CHEYENE DAIRYentered 2000-06-02

  Primary law: CWA

Timeline (4 milestones)

• 2000-06-02Complaint Filed/Proposed Order
• 2000-06-02Final Order Issued
• 2000-07-05Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed