EPA v. C&M INDUSTRIES, INC.

Case summary

On December 5, 2017, the Regional Judicial Officer ratified a Consent Agreement and Final Order, which initiated and settled EPA' s penalty claim against C & M Industries, Inc., the owner and operator of a non hazardous industrial and commercial wastewater pre-treatment and oil recycling facility located at 739 East End Avenue, Norfolk, Virginia, for alleged violations of Section 311 (i) of the CWA and the corresponding SPCC and FRP regulations. CWA Section 311 is not delegated to the states. The Commonwealth of Virginia was notified of the inspection and resulting enforcement. The alleged SPCC violations are: (I) failing to complete a review and evaluation of the SPCC plan at least once every five years; (2) failing to include a facility diagram and associated discharge or drainage controls; (3) failing to have qualified individual test or inspect each above ground container for integrity on a regular schedule. The alleged FRP violations are: (1) failing to adequately identify areas within the Facility where an oil discharge could occur and the potential effect of such discharges on the environment; (2) failing to include a site plan and drainage plan diagrams in the FRP; and (3) failing to maintain records of the facility response drills for three years following the completion of the drills. Respondent has agreed to pay a penalty of $16,418 to resolve the violations.

Defendants (1)

• C&M INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (4)

• C&M INDUSTRIES, INC.

  739 EAST END AVE, NORFOLK, VA, 23504

  Registry ID: 110005259013

• C&M INDUSTRIES, INC.

  739 EAST END AVE, NORFOLK, VA, 23504

  Registry ID: 110005259013

• C & M INDUSTRIES INC (CA1039)- CHESAPEAKE

  121 REPUBLIC RD, CHESAPEAKE, VA, 23324

  Registry ID: 110038107081

• C & M INDUSTRIES INC (CA1039)- CHESAPEAKE

  121 REPUBLIC RD, CHESAPEAKE, VA, 23324

  Registry ID: 110038107081

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• C&M INDUSTRIES, INC.entered 2017-12-05

  Primary law: CWA

  Federal penalty: $16,418

Timeline (3 milestones)

• 2017-12-05Final Order Issued
• 2017-12-05Complaint Filed/Proposed Order
• 2017-12-06Enforcement Action Data Entered