This is a civil action brought pursuant to Sections 309(b) and (d) of the Clean Water Act, 33 U.S.C. §§ 1319(b) and (d), seeking civil penalties and injunctive relief for violations of Sections 301 and 308 of the CWA, 33 U.S.C. §§ 1311 and 1318, and applicable implementing regulations.
Under the default judgment, the defendant is permanently enjoined from discharging storm water from Loma Vista, Alturas de Trimar and Villa del Carmen in violation of the Clean Water Act;. Defendant shall comply with all applicable requirements of the Clean Water Act and its implementing regulations at Loma Vista, Alturas de Trimar and Villa del Carmen, and submit evidence of such compliance to EPA; Defendant shall submit a report to the United States, within 30 days of entry of this judgment, setting forth: a. the current operational status of Loma Vista, Alturas de Trimar and Villa del Carmen, including any plans to resume operations in the future; b. the name, address and phone number of responsible official for Defendant; c. all measures implemented by Defendant to comply with the requirements of the Clean Water Act; and d. a schedule by which Defendant will take appropriate measures to achieve compliance with the Clean Water Act within 120 days of entry of judgment; Defendant shall pay a civil penalty within 30 days of entry of judgment; and Defendant shall reimburse the United States all costs and disbursements relating to this action.