EPA v. Express Marine, Inc. and Ellsworth Salvage, Inc. (SB)

Case summary

The Respondents own and operate the facilities located at or near 2851 Adams Avenue in Camden, NJ. Stormwater discharges from the facilities drain to the immediately adjacent Delaware River. One of the Respondents, Express Marine has coverage under the NJPDES Basic Industrial General Permit for Stormwater Discharges (5G2). EPA conducted a Compliance Evaluation Inspection (CEI) at the facilities on May 6, 2015. At the time of the CEI, EPA reviewed a Nonapplicability Form submitted by Respondent Ellsworth Salvage, Inc. in 2006 stating that it did not require coverage under the 5G2 because it was already covered under Express Marine's 5G2. However, records reviewed at the time of the CEI indicated that the Ellsworth Salvage facility had not been incorporated into Express Marine's Stormwater Pollution Prevention Plan (SPPP) or scope of inspections. Violations of the 5G2 were identified at both the Express Marine and Ellsworth Salvage areas of the property, and include, but are not limited to failure to eliminate exposure of source materials to stormwater, failure to update the SPPP, failure to conduct and document monthly maintenance inspections, and failure to conduct and document annual employee training. The Order requires Respondents to comply with the 5G2.

Defendants (2)

• Express Marine, Inc. (SB)Named in settlement
• Ellsworth Salvage, Inc. (SB)Named in settlement

Facilities (1)

• EXPRESS MARINE INC

  29TH ST ON THE DELAWARE, CAMDEN, NJ, 08105

  Registry ID: 110064328589

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Express Marine, Inc. and Ellsworth Salvage, Inc. (SB)entered 2015-08-19

  Primary law: CWA

Timeline (4 milestones)

• 2015-08-19NPDES Closed
• 2015-08-19Final Order Issued
• 2015-08-19Enforcement Action Closed
• 2015-10-06Enforcement Action Data Entered