EPA v. Belgioioso Cheese, Inc.

Case summary

On June 6, 2019, EPA identified that the Respondent owned construction site failed to obtain SPDES permit coverage for construction activities that began on or prior to May 10, 2019 and at that time had disturbed greater than 5 acres of soil without prior approval from the NYSDEC or the MS4. Stormwater discharges associated with the Site, enter the Mohawk River via the Town of Glenville?s Municipal Separate Storm Sewer System (MS4). The Site obtained SPDES permit coverage on June 5, 2019 and at the time of the inspection, had seeded and mulched portions of the Site to reduce the disturbed acreage below 5 acres. The penalty has been calculated at $4,500 utilizing the Expedited Settlement Offer Worksheet and Respondent has agreed to the $4,500 settlement. This inspection was conducted in conjunction with an MS4 Audit of the Town. NYSDEC representatives accompanied EPA on the inspection and are supportive of this action.

Defendants (1)

• Belgioioso Cheese, Inc.Named in complaintNamed in settlement

Facilities (1)

• BELGIOIOSO CHEESE GLENVILLE BUSINESS AND INDUSTRIAL

  2165 AMSTERDAM ROAD, GLENVILLE, NY, 13076

  Registry ID: 110070563704

Statutes cited

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

Enforcement conclusions (1)

• Belgioioso Cheese, Inc.entered 2019-10-15

  Primary law: CWA

  Federal penalty: $4,500

Timeline (5 milestones)

• 2019-08-01Complaint Filed/Proposed Order
• 2019-10-15NPDES Closed
• 2019-10-15Enforcement Action Closed
• 2019-10-15Final Order Issued
• 2019-11-08Enforcement Action Data Entered