EPA v. COTTONWOOD SPRINGS DAIRY, A NEW MEXICO INCORPORATED ASSN.

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. COTTONWOOD SPRINGS DAIRY, A NEW MEXICO INCORPORATED ASSN. 491 WEST FUNK ROAD LAKE ARTHUR, CHAVES COUNTY, NEW MEXICO 88253 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY: 1) FAILING TO DEVELOP AND IMPLEMENT A POLLUTION PREVENT- ION PLAN (PPP); 2) FAILING TO HAVE AN ADEQUATE WASTEWATER CONTAINMENT STRUCTURE; AND 3) AN UNAUTHORIZED DISCHARGE OF RUN-OFF FROM THE PEN AREA. 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, TAKE ACTION TO: 1) DESIGN AND CONSTRUCT A WASTEWATER RETENTION STRUCTURE WITH ADEQUATE CAPACITY; AND 2) DEVELOP AND IM- PLEMENT A PPP UTILIZING BEST MANAGEMENT PRACTICES (BMPS); B) WITHIN 30 DAYS, SUBMIT A LETTER CERTIFYING THAT THE PPP HAS BEEN COMPLETED AND IMPLEMENTED; OR IF NOT POSSI- BLE TO COMPLETE AND IMPLEMENT THE PPP IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME SUBMITTING A DETAILED DESCRIPTION OF THE ACTIONS TAKEN; AND C) WITHIN 30 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• COTTONWOOD SPRINGS DAIRYNamed in settlement

Facilities (1)

• ENCHANTMENT DAIRY

  491 W FUNK RD, LAKE ARTHUR, NM, 88253

  Registry ID: 110009147949

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• COTTONWOOD SPRINGS DAIRYentered 2001-12-13

  Primary law: CWA

Timeline (4 milestones)

• 2001-12-13Complaint Filed/Proposed Order
• 2001-12-13Final Order Issued
• 2002-01-03Enforcement Action Data Entered
• 2009-07-22Enforcement Action Closed