EPA v. DIAMOND TAIL ESTATES I, L.L.C., A NEW MEXICO CORP., AND SKG

Case summary

1. SECTIONS 308(A) AND 309(A) OF THE CLEAN WATER ACT ( CWA ) 33 U.S.C. SECTIONS 1318(A) AND 1319(A). 2. DIAMOND TAIL ESTATES, L.L.C., A NEW MEXICO CORPORATION SKG DEVELOPMENT CORPORATION, A NEW MEXICO CORPORATION FACILITY: DIAMOND TAIL ESTATES I P.O. BOX 130 PLACINTAS, SANDOVAL COUNTY, NEW MEXICO 87043 3. RESPONDENT DIAMOND TAIL ESTATES WAS IN VIOLATION OF SEC- TION 301 OF THE CWA BY CONDUCTING THE RELEVANT ACTIVITIES FROM SEPT. 1998 THROUGH JAN. 23, 2000 WITHOUT NPDES PER- MIT COVERAGE AND RESPONDENT SKG DEVELOPMENT WAS IN VIOLA- TION OF SECTION 301 OF THE CWA BY CONDUCTING THE RELEVANT ACTIVITIES FROM SEPT. 1998 TO THE PRESENT WITHOUT PERMIT COVERAGE. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 309(A) OF THE CWA, EPA ISSUED THE RESPONDENTS AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENT TO: A) WITHIN 30 DAYS, RESPONDENT SKG DEVELOPMENT SHALL MAKE A COMPLETE AND CORRECT APPLICATION FOR PERMIT COVERAGE; B) WITHIN 30 DAYS, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES, ELIMINATE AND PREVENT RECUR- RENCE, AND TO COME INTO COMPLIANCE; C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN AND EXPLAIN HOW THESE ACTIONS WILL PREVENT RECUR- RENCE; D) IF NOT POSSIBLE TO CORECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME; AND E) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (2)

• DIAMOND TAIL ESTATES I, L.L.C.Named in settlement
• SKG DEVELOPMENT CORPORATIONNamed in settlement

Facilities (1)

• DIAMOND TAIL ESTATES I

  PO BOX 130, PLACITAS, NM, 87043

  Registry ID: 110010650517

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DIAMOND TAIL ESTATES , L.L.C. AND SKG DEVELOPMENTentered 2000-07-31

  Primary law: CWA

Timeline (5 milestones)

• 2000-07-31Complaint Filed/Proposed Order
• 2000-07-31Final Order Issued
• 2000-08-03Enforcement Action Data Entered
• 2009-10-06Enforcement Action Closed
• 2009-10-06Compliance Achieved