EPA v. PROPOSED COLD STORAGE BUILDING (HUTCHENS HOLDINGS III, LLC)

Case summary

On October 29, 2024, EPA entered into an expedited settlement agreement (Agreement) with Hutchens Holding III, LLC for unauthorized stormwater discharges at its Ice Cube - Cold Storage & Logistics site in Fall River, Massachusetts. An EPA inspection at Ice Cube - Cold Storage & Logistics determined that the company allegedly failed to re-apply for coverage after the expiration of the 2017 Construction General Permit (CGP) in June 2022. Pursuant to the Agreement, Hutchens Holding III, LLC will pay a $16,200 penalty. EPA implements the National Pollutant Discharge Elimination System program in Massachusetts. The case team consulted with the Massachusetts Department of Environmental Protection on this matter. Since the inspection, the company has also applied for CGP coverage. The site is located in an area of environmental justice concern.

Defendants (1)

• Hutchens Holdings III LLCNamed in complaintNamed in settlement

Facilities (1)

• PROPOSED COLD STORAGE BUILDING & ADDITION

  615 INNOVATION WAY, FALL RIVER, MA, 02720

  Registry ID: 110071815601

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PROPOSED COLD STORAGE BUILDING (Hutchens Holdings III, LLC)entered 2024-10-29

  Primary law: CWA

  Federal penalty: $16,200

Timeline (3 milestones)

• 2024-10-29Final Order Issued
• 2024-10-29Complaint Filed/Proposed Order
• 2024-11-06Enforcement Action Data Entered