EPA v. GOFF DAIRY DBA GOFF DAIRY LLC, A NM LIMITED LIABILITY CORP.

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. GOFF DAIRY DBA GOFF DAIRY LLC, A NEW MEXICO LIMITED LIA- BILITY CORPORATION 11015 NORTH GOFF PLACE HOBBS, LEA COUNTY, NEW MEXICO 88241 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 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(A) AND 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENT TO: A) IMMEDIATELY TAKE MEASURES TO PREVENT ANY DISCHARGES OF POLLUTANTS TO WATERS OF THE U.S. FROM ANY PART OF THE FACILITY; B) CONSTRUCT STORM WATER RETENTION STRUCTURES AT THE FACILITY; C) COMPILE AND MAINTAIN RECORDS TO DOCUMENT THAT THE WASTE RETENTION STRUCTURES ARE PROPERLY OPERATED AND MAINTAINED TO MINI- MIZE THE POTENTIAL FOR POLLUTANTS DISCHARGES TO WATERS OF THE U.S.; C) WITHIN 30 DAYS, INITIATE A WEEKLY VISUAL IN- SPECTION PROGRAM TO DETERMINE IF ANY DISCHARGES ARE OCCUR- RING AND NOTIFY EPA OF ANY DISCHARGES OF POLLUTANTS FROM THE FACILITY BY PHONE WITHN 24-HOURS OF THE DISCHARGE AND IN WRITING WITHIN 5 DAYS; D) WITHIN 30 DAYS, SUBMIT INFORMATION CONCERNING ANY PREVIOUS DISCHARGES OF POLLUTANTS FROM THE FACILITY TO WATERS OF THE U.S. WITHIN THE LAST 5 YEARS; E) SUBMIT A NOTICE OF INTENT (NOI) TO BE COVERED UNDER THE EPA REGION 6 CAFO GENERAL PERMIT; AND F) WITHIN 30 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• GOFF DAIRYNamed in settlement

Facilities (1)

• GOFF DAIRY DBA GOFF DAIRY LLC

  11015 N GOFF PLACE, HOBBS, NM, 88241

  Registry ID: 110012286132

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• GOFF DAIRY DBA GOFF DAIRY LLCentered 2002-03-20

  Primary law: CWA

Timeline (4 milestones)

• 2002-03-20Complaint Filed/Proposed Order
• 2002-03-20Final Order Issued
• 2002-03-27Enforcement Action Data Entered
• 2009-07-22Enforcement Action Closed