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06-2007-1911Administrative - FormalClosedFY 2007· Region 06

EPA v. Desperado Dairy

Unilateral Administrative Order Without Adjudication

Case summary

A May 10, 2007 inspection of Desperado Dairy, a large CAFO facility, determined that there have been discharges of irrigation wastewater into a water of the U.S. from a 120 acre double cropped field. According to historical rainfall records several discharges occurred over a period of four years. Pollution Prevention Plan(PPP)records indicate that the wastewater was applied at rates well above acceptable agronomic rates. EPA is issusing this Order to cease discharging immediately and develop a PPP that uses acceptable agronomic rates for irrigation of the field. Also EPA is asking for Show Cause why further enforcement action should not be taken against Desperado Dairy.

Defendants (1)

  • Desperado

Facilities (1)

  • DESPERADO DAIRY

    CURRY ROAD E, TEXICO, NM, 88135

    Registry ID: 110011029298

Statutes cited

  • CWA 301NPDES Discharge without a Permit

Enforcement conclusions (1)

  • Desperado Dairyentered 2007-09-13

    Primary law: CWA

Timeline (4 milestones)

  • 2007-07-12Enforcement Action Data Entered
  • 2007-09-13Final Order Issued
  • 2007-12-31NPDES Closed
  • 2007-12-31Enforcement Action Closed

Case metadata

EPA activity ID
600050906
Case number
06-2007-1911
Lead agency
EPA
Branch
6EN-W
EPA region
06
Voluntary self-disclosure
No
Primary statute
NPDES Discharge without a Permit

Sourced verbatim from EPA ECHO Enforcement Case Report for case 06-2007-1911 . 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.