EPA v. TURNER DAIRY (JAMES TURNER)

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. TURNER DAIRY, AN INDIVIDUAL DBA TURNER DAIRY 14 1/2 MILES WEST OF HATCH ON NEW MEXICO HIGHWAY 26 (MP 31 1/2) ON LEFT, HIGHWAY 26 HATCH, DONA ANA COUNTY, NEW MEXICO 87937 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM ITS FACILITY INTO 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 ALL NECES- SARY MEASURES TO PREVENT ANY DISCHARGE OF POLLUTANTS TO WATERS OF THE U.S. FROM ANY PART OF THE FACILITY; B) WITH IN 30 DAYS, TAKE ACTION TO DESIGN AND CONSTRUCT ADEQUATE WASTE, WASTEWATER, AND STORM WATER RETENTION STRUCTURES AT THE FACILITY; C) DEMONSTRATE BY DOCUMENTATION THAT A FACILITY IS PROPERLY DESIGNED, CONSTRUCTED, OPERATED AND MAINTAIN TO CONTROL ALL PROCESS-GENERATED WASTEWATER AND RUNOFF FROM A 25-YEAR, 24-HOUR STORM EVENT; D) WITHIN 30 DAYS, INITIATE A WEEKLY VISUAL INSPECTION TO DETERMINE IF ANY DISCHARGES ARE OCCURRING AND NOTIFY EPA OF ANY DIS- CHARGES FROM THE FACILITY BY PHONE WITHIN 24 HOURS OF THE DISCHARGE AND IN WRITING WITHIN 5 DAYS; E) 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; AND F) SUBMIT A NOTICE OF INTENT (NOI) TO BE COVERED UNDER THE EPA REGION 6 CAFO GENERAL PERMIT.

Defendants (1)

• JAMES TURNER DBA TURNER DAIRYNamed in settlement

Facilities (1)

• TURNER DAIRY

  14 1/2 M W OF HATCH ON NM HWY 26 (MP 31 1/2) ON LE, HATCH, NM, 87937

  Registry ID: 110012287408

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• TURNER DAIRY (JAMES TURNER)entered 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