EPA v. Heavy Materials, LLC

Case summary

The Facility falls under an industrial category whose industrial activities are subject to the MSGP requirements. The Facility has been operating without permit coverage for industrial storm water discharges from at least January 2012, and continues to discharge in violation of applicable State and Federal regulations implementing the CWA. Further, the Facility has also been discharging pollutants (from process wastewaters) into waters of the US without applying for and securing the appropriate discharge permit, and continues to be a point source discharge in on-going daily operation. Immediately, submit Permit Application for securing coverage under the V.I. MSGP; b) Evaluate existing BMPs (if any), and identify practices typical for the industrial operations conducted at Facility, and implement under a fast-track corrective initiative within a time specific; 3) Perform engineering analysis; including a hydrology & hydraulic study for storm water run-on and runoff at the industrial Facility; development of relevant benchmark data; design of stormwater management systems to effectively eliminate or minimize pollutants discharged off-site into impacted receiving waters; 4) Identify all process wastewater streams generated, and leaving the site; and design necessary treatment systems for effective reduction of pollutants being discharged off-site; and apply appropriate permit to discharge such pollutants into waters of the US.

Defendants (1)

• Heavy Materials, LLCNamed in settlement

Facilities (2)

• HMI - ST. THOMAS (TURPENTINE RUN AREA)

  NO. 6 & 11-1 MARIENDAHL; NO. 3A&3B ESTATE BOVONI, ST. THOMAS, VI, 00802

  Registry ID: 110056155896

• HEAVY MATERIALS LLC (STT)

  TURPENTINE RUN ROAD (ROUTE 32) ESTATE MARIENDAHL, ST. THOMAS, VI, 00802

  Registry ID: 110056155896

Statutes cited

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

Enforcement conclusions (1)

• Heavy Materials, LLCentered 2016-08-31

  Primary law: CWA

Timeline (4 milestones)

• 2016-08-31NPDES Closed
• 2016-08-31Final Order Issued
• 2016-08-31Enforcement Action Closed
• 2016-09-27Enforcement Action Data Entered