EPA v. GORZEMAN DAIRY NO. 1

Case summary

1. SECTION 309(G) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G). 2. GORZEMAN DAIRY NO. 1, A NEW MEXICO DAIRY OPERATION SOUTH OF THE CITY, ON HIGHWAY 10 TO EXIT 155, WEST 2 MILES TO NM478, SOUTH 2.4 MILES THEN LEFT TO END OF THE ROAD. LAS CRUCES, DONA ANA COUNTY, NEW MEXICO 88000 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) FAILING TO DEVELOP AND IMPLEMENT AN APPROPRIATE POLLU- TION PLAN BY JUN. 15, 1994; 2) UNPERMITTED AND UNREPORTED DISCHARGES OF DAIRY PROCESS WASTE WATER OCCURRING ON OR BEFORE OCT. 11, 1999; AND 3) FAILING TO TAKE SAMPLES FROM THOSE DISCHARGES. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G) OF THE CWA, EPA SUBMITTED THIS DIRECT REFERRAL REQUESTING DOJ INITIATE A CIVIL ENFORCEMENT ACTION FOR INJUNCTIVE AND OTHER RELIEF AGAINST THE RESPONDENT. EPA IS SEEKING PROPOSED CIVIL PENALTIES OF UP TO $27,500 PER DAY PER VIOLATION FOR PAST VIOLATIONS AND AN INJUNCTION REQUIRING THE FULL IMPLEMENTATION OF A POLLUTION PREVENTION PLAN (PPP) AS REQUIRED IN THE PERMIT. STIPULATED PENALTIES FOR NON-COMPLIANCE AND A SCHEDULE FOR THE INJUNCTIVE RELIEF. 5. THE FACILITY IS A REPEAT OFFENDER AND SHOWS NO SIGNS OF COMPLYING WITH THE CWA OR THE PERMIT.

Defendants (1)

• GORZEMAN DAIRY NO. 1Named in complaintNamed in settlement

Facilities (1)

• GORZEMAN DAIRY NO. 1

  HWY 10 TO EXIT 155, W 2 M TO NM487, S 2.4 M LEFT, LAS CRUCES, NM, 88000

  Registry ID: 110010735570

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• Larry Gorzemanentered 2004-01-30

  Primary law: CWA

  Federal penalty: $28,000 · State/local: $42,000

Timeline (7 milestones)

• 2000-06-28Referred To Dept Of Justice
• 2000-08-04Enforcement Action Data Entered
• 2003-09-12Complaint Filed With Court
• 2003-09-12Final Order Lodged
• 2004-01-30Concluded
• 2004-01-30Final Order Entered
• 2006-09-07Enforcement Action Closed