EPA v. EAGLE RANCH PISTACHIO GROVES, A NEW MEXICO CORPORATION

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. EAGLE RANCH PISTACHIO GROVES, A NEW MEXICO CORPORATION 7288 HIGHWAY 54/70 ALAMOGORDO, OTERO COUNTY, NEW MEXICO 88310 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY EACH DAY THAT RESPONDENT CONDUCTED THE RELEVANT ACTIVI- TIES AND OPERATED THE FACILITY WITHOUT NPDES PERMIT COVERAGE. 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) WITHIN 30 DAYS, OBTAIN AN NPDES PERMIT, SUBMITTING A COPY OF THE APPLICATION, CON- FIRMATION OF COVERAGE AND THE PERMIT NUMBER TO EPA; B) WITHIN 30 DAYS, TAKE CORRECTIVE ACTION TO CORRECT THE DE- FICIENCIES AND ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLIANCE; C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN AND EXPLAIN HOW THE ACTIONS WILL PREVENT RECURRENCE; D) IF NOT POSSIBLE TO CORRECT 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 (1)

• EAGLE RANCH PISTACHIO GROVESNamed in settlement

Facilities (1)

• EAGLE RANCH PISTACHIO GROVES

  7288 HWY 54/70, ALAMOGORDO, NM, 88310

  Registry ID: 110010726045

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• EAGLE RANCH PISTACHIO GROVESentered 2001-06-13

  Primary law: CWA

Timeline (4 milestones)

• 2001-06-13Complaint Filed/Proposed Order
• 2001-06-13Final Order Issued
• 2001-06-27Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed