EPA v. Downs at Albuquerque, Inc.

Case summary

Administative Order issued to Down at Albuquerque, Inc. and EXPO New Mexico, for violation identified during inspection of facility conducted by NMED on November 15, 2011. On January 17, 2012, EPA Region 6 issued an Administrative Order under its authority pursuant to the Clean Water Act (CWA) to Downs at Albuquerque Inc, facility (the Downs) located on the New Mexico Fairgrounds and to EXPO New Mexico. The Downs is a tenant of EXPO New Mexico which is responsible for maintaining the fairgrounds and also presenting the annual state fair. This AO was issued in response to violations of the CWA, including (1) unauthorized discharge of manure pollutants in stormwater runoff to waters of the U.S. and (2) failure to apply for coverage under the CAFO general permit. The AO requires the Downs and EXPO New Mexico to (1) stop discharging pollutants to waters of the U.S.; (2) design, construct, and maintain adequate storm water retention structures at the facility; and (3) apply for coverage under the CAFO general permit. Downs and EXPO New Mexico must respond to EPA Region 6 within 45 days.

Defendants (2)

• The Downs at AlbuquerqueNamed in settlement
• Expo New MexicoNamed in settlement

Facilities (1)

• EXPO NEW MEXICO

  201 CALIFORNIA STREET NORTHEAST, ALBUQUERQUE, NM, 87108

  Registry ID: 110044903281

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Downs at Albuquerque, Inc.entered 2012-01-17

  Primary law: CWA

Timeline (4 milestones)

• 2012-01-17Final Order Issued
• 2012-02-02Enforcement Action Data Entered
• 2015-08-19Enforcement Action Closed
• 2015-08-19NPDES Closed