EPA v. Smith-Sondy Asphalt Construction Company, Inc. et al.

Case summary

Respondents operate a four (4) acre industrial Facility located at 169-197 River Drive in Passaic, New Jersey. One of the Respondents conduct industrial activity under Sector P: Land Transportation and Warehousing and Sector E: Concrete Manufacturing, and the other Respondent conducts industrial activity under Sector P: Land Transportation and Warehousing, and therefore, are regulated under 40 C.F.R. §122.26 and the NJPDES permits. Stormwater from the Facility discharges to the Passaic River via seven (7) on-site storm drains. The Facility operators failed to obtain coverage under the NJPDES Basic Industrial Stormwater General Permit NJ0088315 (5G2) for stormwater discharges associated with industrial activity as required by Sections 301 and 402(p) of the CWA.

Defendants (2)

• Smith-Sondy Asphalt Construction Company, Inc.Named in settlement
• Lore Sweeping Company, Inc.Named in settlement

Facilities (2)

• LORE SWEEPING COMPANY, INC.

  175 RIVER DRIVE, PASSAIC, NJ, 07055

  Registry ID: 110055175153

• SMITH-SONDY ASPHALT CONSTRUCTION COMPANY, INC.

  169 RIVER DRIVE, PASSAIC, NJ, 07055

  Registry ID: 110055173592

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• Smith-Sondy Asphalt Construction Company, Inc. et al.entered 2013-04-09

  Primary law: CWA

Timeline (4 milestones)

• 2013-04-09Final Order Issued
• 2013-04-09Enforcement Action Closed
• 2013-04-09NPDES Closed
• 2013-04-12Enforcement Action Data Entered