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06-2006-2115Administrative - FormalClosedFY 2006· Region 06

EPA v. Mr. Michael Weatherly d/b/a Buena Vista II Dairy

Unilateral Administrative Order Without Adjudication

Case summary

A CWA Section 308 Order was issued to Mr. Michael Weatherly on July 24, 2006, in response to nitrate levels found in the facility’s monitoring wells and the areas drinking water wells. In 2005, the Environmental Protection Agency obtained sampling data from drinking water and ground water wells located adjacent to the wastewater retention ponds and land application areas. The sampling results consistently showed nitrate levels over the maximum contaminant level of 10 milligrams per liter (mg/L). State and federal officials suspect that this facility's animal wastes were not handled/disposed of properly. This Order requires the facility to manage their animal solid wastes and liquid effluent properly, and provide information to show that waste/effluent land application does not result in contamination of waters of the U.S.

Defendants (1)

  • Mr. Michael WeatherlyNamed in settlement

Facilities (1)

  • BUENA VISTA II DAIRY (NMU000125)

    P.O. BOX 346, MESQUITE, NM, 88048

    Registry ID: 110020053412

Statutes cited

  • CWA 301/402NPDES Permit Violations

Enforcement conclusions (1)

  • Mr. Michael Weatherly d/b/a Buena Vista II Dairyentered 2006-07-24

    Primary law: CWA

Timeline (3 milestones)

  • 2006-07-24Final Order Issued
  • 2006-08-04Enforcement Action Data Entered
  • 2011-07-25Enforcement Action Closed

Case metadata

EPA activity ID
200004688
Case number
06-2006-2115
Lead agency
EPA
Branch
6EN-W
EPA region
06
Voluntary self-disclosure
No
Primary statute
NPDES Permit Violations

Sourced verbatim from EPA ECHO Enforcement Case Report for case 06-2006-2115 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.