EPA v. GORZEMAN NO. 1 DAIRY (AKA HLG, LLC DAIRY)

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. GORZEMAN NO. 1 DAIRY (AKA HLG, LLC DAIRY) SOUTH OF LAS CRUCES, ON HIGHWAY 10 LAS CRUCES, DONA ANA COUNTY, NEW MEXICO 88048 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY THE NUMEROUS UNAUTHORIZED DISCHARGES THAT HAVE REPEATEDLY OCCURRED AT THE FACILITY, FAILURE TO IMPLEMENT A POLLU- TION PREVENTION PLAN (PPP) AND VIOLATING NUMEROUS CONDI- IONS OF ITS PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENT TO: A) TAKE ACTION TO DEVELOP AND IMPLEMENT A PPP AS NEEDED TO COMPLY WITH AO AND ITS PER- MIT WITHIN 30 DAYS; B) CLEAN OUT SOLIDS FROM THE PRIMARY WATERWATER LAGOON; C) CERTIFY THAT THE WASTEWATER FA- CILITIES DO OR DO NOT HAVE ADEQUATE CAPACITY TO HOLD ALL PROCESS-GENERATED WASTE AND WASTEWATER PLUS RUNOFF GENER- ATED DURING THE 24-YEAR, 25-HOUR STORM EVENT AND THAT THERE IS NO HYDROLOGIC CONNECTION TO SURFACE WATER VIA GROUNDWATER BENEATH THIS FACILITY; D) CEASE IMMEDIATELY DISCHARGING MANURE AND WASTEWATER POLLUTANTS TO THE MES- QUITE DRAIN; AND E) WITHIN 10 DAYS, SUBMIT A DETAILED PLAN TO EPA REGION 6, SPECIFYING HOW THE PERMITTEE IN- TENDS TO COMPLY WITH THIS AO.

Defendants (1)

• GORZEMAN NO. 1 DAIRYNamed in settlement

Facilities (1)

• GORZEMAN DAIRY NO. 1 AKA HLGLLC

  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)

• GORZEMAN NO. 1 DAIRYentered 2001-05-18

  Primary law: CWA

Timeline (4 milestones)

• 2001-05-18Complaint Filed/Proposed Order
• 2001-05-18Final Order Issued
• 2001-05-22Enforcement Action Data Entered
• 2011-12-06Enforcement Action Closed