CDO-AG-UNITED STATES

NATIONAL STANDARDS ENFORCEMENT AGENCY

ADMINISTRATOR

(Authority pursuant to 18 U.S.C. §§ 1964(a), 1510, 1512-1513 and 33 U.S.C. § 1365)

1409 Kingsview Drive

Granite Shoals, TX 78654

CEASE AND DESIST ORDER NO. 10-0507-USAG

Issued this 7th day of May, 2010

UNDER AUTHORITY PURSUANT TO

33 U.S.C. §§ 1319 & 1365

COMPLIANCE ORDER REQUIRING

united states ATTORNEY GENERAL ERIC HOLDER, hereafter “Discharger”

United States Department of Justice

950 Pennsylvania Ave, NW, Washington D.C. 20530-0001

USPS CERTIFIED #____________________________________

PUBLIC OFFICIAL:  No   Yes; DATE OF OATH OF OFFICE: YES

TO CEASE AND DESIST FROM DISCHARGING IN VIOLATION OF:

33 U.S.C. §§ 1251(d), 1311, 1312, 1313, 1316, 1317, 1318, 1321(b)(3), 1328, OR 1345 OF THE UNITED STATES CODE TITLE 33 CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL (“CHAPTER”), OR ANY CONDITION OF LIMITATION IMPLEMENTING ANY OF SUCH SECTIONS IN A PERMIT ISSUED UNDER SECTION 1342 OR ANY REQUIREMENT IMPOSED IN A PRETREATMENT PROGRAM APPROVED UNDER SECTION 1342(a)(3) OR 1342(b)(8) OF THE CHAPTER, OR NEGLIGENTLY OR KNOWINGLY INTRODUCES INTO A SEWER SYSTEM OR INTO A PUBLICLY OWNED TREATMENT WORKS ANY POLLUTANT OR HAZARDOUS SUBSTANCE WHICH SUCH PERSON (“DISCHARGER”) KNOWS OR REASONABLY SHOULD HAVE KNOWN COULD CAUSE PERSONAL INJURY OR PROPERTY DAMAGE, HEREIN AFTER COLLECTIVELY REFERRED TO AS  “33 U.S.C. § 1365(f)”.

The National Standards Enforcement Agency (hereinafter “Administrator”) finds:

1.    The above named Discharger, having authority authorized under 33 U.S.C. § 1251(d), is unlawfully discharging pollutants pursuant to 33 U.S.C. § 1365(f).

2.     Case identifier and legal description of said discharging source in violation is:

Permit?

No     Yes;  (Issuing Agency: STATE ADEQ / MOHAVE COUNTY)

Source of Violation:                               Street Address:  Type of Discharge: Violation Start Date: Total Days of Discharge Violation:

UNITED STATES; PUBLICLY OWNED TREATMENT WORKS ABSENT PRETREATMENT REQURIEMENTS IMPLIMENTED / OWTS ABSENT BADCT REQUIREMENTS CONSTITUTING UNLAWFUL DISCHARGES UNITED STATES/JURISDICTION – WIDE VIOLATIONS 1600 Pennsylvania Avenue Northwest, Washington, DC 20500;  Owner  Operator ;  Source, Residential   or Commercial  OWTS;  POTW; Other: APPROX 120 MILLION UNLAWFUL DISCHARGES               OVER 33 YEARS UNLAWFUL;        Currently discharging?    Yes 12,000 PLUS

3.    The discharge herein referenced is subject to statutory compliance with 33 U.S.C. § 1251 et seq. (aka Clean Water Act) and more specifically 33 U.S.C. § 1311(a) pursuant to 33 U.S.C. § 1365(f) and enforced under 33 U.S.C. § 1319. 

4.    33 U.S.C. § 1311(a) states:

(a) Illegality of pollutant discharges except in compliance with law

Except as in compliance with this section and sections 1312, 1316, 1317, 1328, 1342, and 1344 of this title, the discharge of any pollutant by any person shall be unlawful.

5.    The above named Discharger shall comply with this order within 30 days pursuant to U.S.C. § 1319(a)(5)(A), hereafter known as the “compliance date”.

6.    Failure to comply within 30 days will require the above named Discharger to make a good faith commitment in the form of an executed contract or other securities of necessary resources to achieve compliance by the earliest possible date after the compliance date pursuant to U.S.C. § 1319(a)(5)(B).

IT IS HEREBY ORDERED THAT, pursuant to 33 U.S.C. § 1365(f), the above named person shall comply with 33 U.S.C. § 1311(a) in accordance with the following schedule:

1.           Provide an executed contract with an acceptable provider of technology, within 30 days, to enable compliance; or alternatively,

2.           Execute the Discharger’s Acknowledgement to provide a lien on above legally defined property(s) located within above defined jurisdiction within 30 days in the amount of $25,000 each to the benefit of:

New Water Source Utilities – LHC [Bus License #10-00020774]

PMB 107

1642 McCulloch Blvd. N

Lake Havasu City, AZ 86403

Failure to execute the below “Discharger’s Acknowledgement” to comply with provisions of this Order may subject the Discharger to further enforcement action and referral to the undersigned Private Attorney General for injunctive relief and civil and or criminal liability.

I, Dee Thomas Murphy, Department of Justice, of the National Standards Enforcement Agency, do hereby certify the foregoing is a full, true, and correct copy of an Order adopted by the National Standards Enforcement Agency on this 7th day of May, 2010.

                                                            

                                                              Private Attorney General / Criminal Investigator

Discharger’s Acknowledgement;          (18 U.S.C. 1503, 1512-13, 1964(a) & 33 USC 1251(e), 1365)

Intent to Comply:

_________________________________

                                                                         

STATE OF ARIZONA            )

                                         )         SS:

COUNTY OF MOHAVE          )

The foregoing instrument was acknowledged before me this _____ day of __________, 2010 by the above signed.

_______________________________________

Notary Public

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