EPA v. SUNRAY PARK AND CASINO (AKA SUNRAY GAMING OF NEW MEXICO, LLC

Case summary

1. SECTIONS 308 AND 3099A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTIONS 1318 AND 1319(A). 2. SUNRAY PARK AND CASINO (AKA SUNRAY GAMING OF NEW MEXICO, LLC), A NEW MEXICO LIMITED LIABILITY CORPORATION #39 ROAD 5568 FARMINGTON, SAN JUAN COUNTY, NEW MEXICO 87401 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY DISCHARGING POLLUTANTS FROM A POINT SOURCE TO WATERS OF THE U.S. WITHOUT A PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308 AND 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENT TO: A) IMMEDIATELY TAKE ALL NECESSARY MEASURES TO PREVENT ANY DISCHARGES OF POLLUTANTS TO WATERS OF THE U.S. FROM ANY PART OF THE FACILITY; B) WITH IN 30 DAYS, INITIATE A WEEKLY VISUAL INSPECTION PROGRAM TO DETERMINE IF ANY DISCHARGES ARE OCCURRING; C) WITHIN 30 DAYS, SUBMIT INFORMATION CONCERNING ANY PREVIOUS DIS- CHARGES OF POLLUTANTS FROM THE FACILITY TO WATERS OF THE U.S. WITHIN THE LAST 5 YEARS; D) SUBMIT A NOTICE OF IN- TENT (NOI) TO BE COVERED UNDER THE EPA CAFO GENERAL PER- MIT; AND E) WITHIN 30 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• SUNRAY PARK AND CASINONamed in settlement

Facilities (1)

• SUNRAY PARK AND CASINO

  #39 RD 5568, FARMINGTON, NM, 87401

  Registry ID: 110010650401

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• SUNRAY PARK AND CASINOentered 2001-08-02

  Primary law: CWA

Timeline (4 milestones)

• 2001-08-02Complaint Filed/Proposed Order
• 2001-08-02Final Order Issued
• 2001-09-04Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed