EPA v. CARLSBAD, CITY OF, A NEW MEXICO MUNICIPALITY

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. CITY OF CARLSBAD, A NEW MEXICO MUNICIPALITY 45 BLACKFOOT ROAD CARLSBAD, EDDY COUNTY, NEW MEXICO 88220 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING 2.2 MILLION GALLONS OF UNTREATED SEWAGE TO THE PECOS RIVER, INCOMPLETE RECORDS OF MONITORING INFORM- ATION, IMPROPER OPERATION AND MAINTENANCE OF THE FACILITY AND INACCURATE MONITORING SAMPLING. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 309(A) OF THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENT TO CORRECT AND PREVENT RECURRENCE OF THE VIOLATIONS AND REPORT ON THE ACTIONS TAKEN WITHIN 30 DAYS, OR IN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME, AND ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• CARLSBAD, CITY OFNamed in settlement

Facilities (1)

• CARLSBAD, CITY OF

  EDDY COUNTY RD NO. 66, CARLSBAD, NM, 88220

  Registry ID: 110010699306

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CARLSBAD, CITY OFentered 2000-08-29

  Primary law: CWA

Timeline (4 milestones)

• 2000-08-29Complaint Filed/Proposed Order
• 2000-08-29Final Order Issued
• 2000-08-30Enforcement Action Data Entered
• 2012-05-04Enforcement Action Closed