EPA v. LONG ISLAND DUCK FARMERS

Case summary

THE LONG ISLAND DUCK FARMERS COOP., INC. ( L.I. DUCK ), LOCATED IN EASTPORT, NEW YORK, OPERATES A DUCK PROCESSING PLANT. IN SHORT, DUCKS ARE SLAUGHTERED, EVISCERATED, PACK- AGED AND FROZEN AT THE FACILITY. THE COMPANY IS AUTHORIZED TO DISCHARGE TREATED PROCESS WATER TO A TRIBUTARY OF SEATUCK CREEK BY ITS SPDES PERMIT. L.I. DUCK HAS CONSISTENTLY VIO- LATED THE EFFLUENT LIMITATIONS CONTAINED IN ITS PRESENT PER- MIT EVER SINCE THE PERMIT BECAME EFFECTIVE IN AUGUST 1981. THE MOST REPETITIVE VIOLATIONS ARE OF THE LIMITATIONS FOR BIOCHEMICAL OXYGEN DEMAND, TOTAL SUSPENDED SOLIDS, TOTAL COLIFORM AND SETTLEABLE SOLIDS. THE REGION ISSUED AN ADMINISTRATIVE ORDER TO L.I. DUCK IN JUNE, 1982. THE COMPANY, HOWEVER, FAILED TO UPGRADE ITS TREATMENT FACILITIES OR TAKE OTHER STEPS TO ACHIEVE COMPLI- ANCE WITH ITS SPDES PERMIT. AFTER A SHOW CAUSE ORDER WAS ISSUED IN FEB. 1984, THE COMPANY MET WITH THE REGION & SUB- MITTED A PRELIMINARY ENGINEERING REPORT OUTLINING HOW IT INTENDED TO BRING ITS FACILITY INTO COMPLIANCE. THE REGION FEELS THAT CIVIL PENALTIES ARE APPROPRIATE IN THIS CASE FOR PAST VIOLATIONS. IN ADDITION, STIPULATED PEN- ALTIES WILL BE SOUGHT FOR ANY FUTURE VIOLATIONS OF THE PER- MIT &/OR VIOLATIONS OF ANY COURT ORDER WHICH MAY BE ISSUED.

Defendants (1)

• LONG ISLAND DUCK FARMERS COOPERATIVE INCNamed in complaintNamed in settlement

Facilities (1)

• LONG ISLAND DUCK FARMERS COOP

  MORICHES BLVD, EASTPORT, NY, 11941

  Registry ID: 110010638676

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• LONG ISLAND DUCK FARMERSentered 1986-07-07

  Primary law: CWA

  Federal penalty: $90,000

Timeline (8 milestones)

• 1984-12-28Referred To Headquarters
• 1985-02-01Referred To Dept Of Justice
• 1985-04-09Referred TO U.S. Attorney
• 1985-04-16Complaint Filed With Court
• 1986-07-07Final Order Lodged
• 1986-07-07Final Order Entered
• 1986-07-07Concluded
• 1993-03-09Enforcement Action Closed