EPA v. CRUZ CORPORATION, D/B/A/ STAR PAVING COMPANY, AND SANDOVAL C

Case summary

1. SECTION 309(G) OF THE CLEAN WATER ACT ( SDWA ), 33 U.S.C. SECTION 1319(G). 2. CRUZ CORPORATION, DBA STAR PAVING COMPANY, A NEW MEXICO CORPORATION SANDOVAL COUNTY, A NEW MEXICO COUNTY FACILITY: CAMINO DEL TECOLOTE/CAMINO DE SAN FRANCISCO INTERSTATE 25 EXIT 242, SEVEN MILES EAST ON SR 165, ON THE LEFT PLACITAS, SANDOVAL COUNTY, NEW MEXICO 87043 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301 OF THE CWA BY: 1) FAILING TO PREPARE AND IMPLEMENT A STORM WATER POLLUTION PREVENTION PLAN (SWPPP); 2) THE EROSION AND SEDIMENT CONTROLS WERE NOT PROPERLY INSTALLED AND MAIN- TAINED; 3) SEDIMENT ESCAPED AND OFF-SITE ACCUMULATIONS WERE NOT REMOVED; AND 4) EACH DAY THAT RESPONDENT, CRUZ CORPORATION, CONDUCTED THE RELEVANT ACTIVITIES AND OPERA- TED THE FACILITY WITHOUT NPDES PERMIT COVERAGE FROM ON OR ABOUT JAN. 1, 2000, THROUGH JAN. 13, 2000. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G) OF THE CWA, EPA PROPOSED A CIVIL PENALTY OF UP TO $27,500 FOR THE VIOLA- TIONS CITED.

Defendants (2)

• CRUZ CORPORATION DBA STAR PAVING COMPANYNamed in complaintNamed in settlement
• SANDOVAL COUNTYNamed in complaintNamed in settlement

Facilities (1)

• CAMINO DEL TECOLOTE/CAMINO DE SAN FRANCISCO

  I-25, EXIT 242, 7 M E ON SR 165, ON THE LEFT, PLACITAS, NM, 87043

  Registry ID: 110010661426

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CRUZ CORPORATION D/B/A STAR PAVINGentered 2001-10-19

  Primary law: CWA

  Federal penalty: $21,000

Timeline (5 milestones)

• 2001-08-20Complaint Filed/Proposed Order
• 2001-08-21Enforcement Action Data Entered
• 2001-10-19Final Order Issued
• 2001-10-19Compliance Achieved
• 2001-10-19Enforcement Action Closed