EPA v. CHESTERFIELD COUNTY, VA

Case summary

On December 28, 2011, EPA signed a Consent Agreement and Final Order (CAFO) issued to Chesterfield County, Virginia (Chesterfield), in settlement of violations of its National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System Discharge Permit Number VA0088609 (MS4 Permit). EPA identified violations of the terms and conditions of the MS4 Permit on April 21-22, 2010 during a compliance inspection of Chesterfield�s MS4 program. Violations included, but were not limited to, failure to commit adequate resources to inspect stormwater outfalls for illicit discharges, failure to control and monitor pollutants in stormwater discharges from industrial facilities, and failure to implement and maintain structural best management practices to reduce pollutants in storm water runoff from construction sites. As a result of the violations, EPA issued a Complaint assessing a penalty of $131,000 on April 6, 2011. After participating in Administrative Dispute Resolution, Chesterfield has agreed to pay a penalty of $77,866 in settlement of the violations. The penalty will be divided into a cash penalty of $46,666 with the remaining $32,200 dedicated to a Supplemental Environmental Project (SEP). Chesterfield�s SEP will target 220 businesses which may experience oil, grease, and food-related grease spills and provide outreach, training, the provision of free spill kits, and the execution of Stormwater Pollution Prevention Plans by those participating businesses.

Defendants (1)

• CHESTERFIELD COUNTY, VANamed in complaintNamed in settlement

Facilities (1)

• CHESTERFIELD COUNTY MS4

  9800 GOVERNMENT CENTER PKWY, CHESTERFIELD, VA, 23832

  Registry ID: 110042337584

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CHESTERFIELD COUNTY, VAentered 2011-12-28

  Primary law: CWA

  Federal penalty: $46,666 · SEP: $31,200

Timeline (3 milestones)

• 2011-04-05Complaint Filed/Proposed Order
• 2011-04-08Enforcement Action Data Entered
• 2011-12-28Final Order Issued