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Tolling the statute of limitations

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Senior Member
You are correct, they don't legally have to do anything. Shocking really, taking all that taxpayer money then kicking back and doing nothing. A Government job at it's best.

74-6-10. Penalties enforcement; compliance orders; penalties; assurance of discontinuance.

A. Whenever, on the basis of any information, a constituent agency determines that a person violated or is violating a requirement, regulation or water quality standard adopted pursuant to the Water Quality Act or a condition of a permit issued pursuant to that act, the constituent agency may:
(1) issue a compliance order requiring compliance immediately or within a specified time period or issue a compliance order assessing a civil penalty, or both; or
(2) commence a civil action in district court for appropriate relief, including injunctive relief.
Yup. You definitely would prefer to see a shall there.


Active Member
Now some odd news.
I got a letter from the New Mexico Environmental Department, who are sort of a subsidiary of the EPA regarding the broken water well that I fear is allowing the run off from the manure to pollute the ground water.
The lady said that the well had been capped (I have lots of photos showing it's not) that the manure is not manure, it's compost, that it's been stacked very neatly, and the mind numbing 'If it is polluting the water I have no worries because the flow of the underground water table is away from my property'.
Anyone ever had any success filing a writ of mandamus against the EPA to compel them to do their job?
Would it be prudent to send a response to refute her claims?
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