EPA v. Miller's Son Shine Acres, Inc.

Case summary

The Respondent is a permitted CAFO in Corfu, NY. A CAFO inspection was conducted on May 21, 2014 and identified that the Respondent was not complying with the terms and conditions of the NYSDEC CAFO General Permit. At the time of the inspection, the facility was observed to be improperly operating its vegetated treatment area which resulted in discharges of leachate to a tributary to Murder Creek, a water of the United States. An Administrative Order was issued on October 14, 2014 to order the Respondent to comply with the requirements of the NYSDEC CAFO General Permit. Compliance with the Administrative Order was determined as a result of correspondence received from the Respondent in response to the Administrative Order, as well as a follow-up Compliance Evaluation Inspection conducted on May 25, 2016. Once compliance was determined, EPA assessed a penalty.

Defendants (1)

• Miller's Son Shine Acres, Inc.Named in complaintNamed in settlement

Facilities (1)

• MILER'S SON SHINE ACRES, INC.

  1280 BENNETT ROAD, CORFU, NY, 14036

  Registry ID: 110010806592

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Miller's Son Shine Acres, Inc.entered 2017-08-17

  Primary law: CWA

  Federal penalty: $12,000

Timeline (5 milestones)

• 2017-06-14Complaint Filed/Proposed Order
• 2017-06-21Enforcement Action Data Entered
• 2017-08-17NPDES Closed
• 2017-08-17Final Order Issued
• 2017-08-17Enforcement Action Closed