EPA v. AMERICAN SUGAR REFINING, INC

Case summary

RESPONDENT VIOLATED THE CLEAN WATER ACT BY FAILING TO COMPLY WITH SEVERAL PROVISIONS OF ITS STORM WATER NPDES PERMIT AND ITS STORM WATER POLLUTION PREVENTION PLAN. THESE VIOLATIONS WERE IDENTIFIED DURING AN INSPECTION ON JULY 2003. SPECIFICALLY, AMERICAN SUGAR: 1) DID NOT CONDUCT DAILY INSPECTIONS IN CERTIAN PARTS OF ITS FACILITY THAT CONTRIBUTED RUNOFF TO THE BALTIMORE HARBOR; 2) DID NOT PROMPTLY CLEAN UP A SPILL OF MATERIALS IN AN AREA THAT CONTRIBUTES RUNOFF TO THE HARBOR; 3) DISPOSED OF WASTE IN A LEAKY TRASH CONTAINER THAT CONTRIBUTED POLLUTANTS TO THE RUNOFF; 4) DID NOT CONSTANTLY CLEAN THE DOCK DURING UPLOADING OF RAW SUGAR FROM SHIP, AS REQUIRED BY ITS STORM WATER POLLUTION PREVENTION PLAN; AND 5) DID NOT COVER THE SPACE BETWEEN THE SHIP AND DOCK WITH TARPS, BECAUSE THE TARPS IT USED WERE TORN OR RIPPED

Defendants (1)

• AMERICAN SUGAR REFININGNamed in complaintNamed in settlement

Facilities (2)

• AMERICAN SUGAR REFINING, INC

  1100 KEY HIGHWAY EAST, BALTIMORE, MD, 21230

  Registry ID: 110000732823

• AMERICAN SUGAR REFINING, INC

  1100 KEY HIGHWAY EAST, BALTIMORE, MD, 21230

  Registry ID: 110000732823

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• AMERICAN SUGAR REFINING, INCentered 2004-11-04

  Primary law: CWA

  Federal penalty: $37,500

Timeline (4 milestones)

• 2004-10-14Enforcement Action Data Entered
• 2004-11-04Complaint Filed/Proposed Order
• 2004-11-04Final Order Issued
• 2004-11-26Enforcement Action Closed