EPA v. BACARDI CORP.

Case summary

FACILITY VIOLATED ITS PERMIT EFFLUENT LIMITS FOR BOD AND TSS FOR CONSECUTIVE MONITORING PERIODS, DISCHARGED WITHOUT A PERMIT AND FAILED TO FILED A TIMELY NOI FORM TO OBTAIN A MSGP FOR STORM WATER ASSOCIATED WITH THE INDUSTRIAL ACTIVITIES. ********* THE ADMINISTRATIVE COMPLAINT, DATED MARCH 30, 2001, SOUGHT A PENALTY OF $137,500.00, FOR RESPONDENTS VIOLATIONS OF SECTION 301(A) AND 308(A) OF THE ACT, 33 U.S.C. 1311(A) AND 1318(A), RESPECTIVELY, FOR (1) ITS FAILURE TO SEEK NPDES PERMIT COVERAGE FOR ITS FACILITY'S STORM WATER DISCHARGES ASSOCIATED WITH INDUSTIRAL ACTIVITY; (2) ITS STORM WATER DISCHARGES ASSCOATED WITH INDUSTRIAL ACTIVITY WITHOUT AN NPDES PERMIT FROM DECEMBER 30, 1998 TO DECEMBER 15, 2000; (3) THE DISCHARGE OF MOSTOS, AN INDUSTRIAL WASTE, WITHOUT AN NPDES PERMIT; AND (4) EXCEEDING EFFLUENT LIMITS OF ITS NPDES PERMIT. AS PART OF THE SETTLEMENT RESPONDENT AGREED TO PAY A $12,500.00 PENALTY AND TO PERFORM A SEP WITH AN APPROXIMATE VALUE OF $1,000,000.00 WHICH CONSISTS OF THE TRANSFER OF THE TITLE OF 10.5 ACRES TO A NON-PROFIT GROUP FOR PRESERVATION (PLEASE SEE SEP DESCRIPTION FOR MORE DETAILS).

Defendants (1)

• BACARDI CORP.Named in complaintNamed in settlement

Facilities (2)

• BACARDI CORP

  RD 165 KM 2.6, CATANO, PR, 00962

  Registry ID: 110012592186

• BACARDI CORP

  RD 165 KM 2.6, CATANO, PR, 00962

  Registry ID: 110012592186

Statutes cited

• CWA 308 — Information Request, Records, Entry
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BACARDI CORPORATIONentered 2002-01-25

  Primary law: CWA

  Federal penalty: $12,500 · SEP: $1,000,000

Timeline (4 milestones)

• 2001-03-30Complaint Filed/Proposed Order
• 2001-07-19Enforcement Action Data Entered
• 2002-01-25Final Order Issued
• 2002-01-25Enforcement Action Closed