EPA v. RED HILL UTILITY, LLC

Case summary

On May 22, 2023, the Division Director of ECAD signed an Amended Administrative Order on Consent (AAOC) for work to be performed under Sections 309(a) of the Clean Water Act (CWA), 33 U.S.C. 1319(a), amending the original Administrative Order on Consent signed on May 25, 2022. Under the AAOC, Respondent has agreed to provide EPA a Corrective Action Plan ( CAP ) within 60 days which includes the following: a) A plan and schedule for the construction of a new sewer line (the Sewer Line ) along Puddledock Road from the Red Hill Facility to tie in with the Prince George collection system, approximately one mile from the Facility at an existing pump station located at the Puddledock Place Apartments, which plan and schedule shall include any ancillary upgrades and improvements as may be required by Prince George County; b) A plan and schedule for removal and closure of the existing wastewater treatment facility in accordance with closure requirements of VPDES Permit No. VA0028258, which shall take effect once the Sewer Line becomes operational; c) A plan for operation and maintenance of the Sewer Line. Premised on Red Hill?s intent to transfer the Sewer Line to Prince George County, Red Hill shall also develop a plan and schedule for contacting Prince George County regarding utility conveyance, and a firm process for entering into an agreement with Prince George County regarding the operation and maintenance of the Sewer Line; d) An interim plan to maintain the existing wastewater treatment facility and conduct active maintenance under direction of a consultant for the duration of the project to assure durable compliance with the CWA; e) A report of infiltration and inflow ( I&I ) work on the collection system in the Red Hill Mobile Home Park completed prior to submission of the CAP, and a plan and schedule for implementation of remaining I&I work; and f) Termination of the current VPDES Permit No. VA0028528 following completion of the Sewer Line and submission of a completed WWTP closure plan, approvable by the Agencies. Red Hill is in an area of potential EJ screening according to EPA's protocol. The state has been involved and concurs with this amendment.

Defendants (1)

• RED HILL UTILITY, LLCNamed in settlement

Facilities (4)

• RED HILL UTILITY LLC

  3812 PUDDLEDOCK RD, PRINCE GEORGE, VA, 23875

  Registry ID: 110008997130

• RED HILL UTILITY, LLC

  3812 PUDDLEDOCK RD, PRINCE GEORGE, VA, 23875

  Registry ID: 110008997130

• RED HILL UTILITY, LLC

  3812 PUDDLEDOCK RD, PRINCE GEORGE, VA, 23875

  Registry ID: 110008997130

• RED HILL UTILITY LLC

  3812 PUDDLEDOCK RD, PRINCE GEORGE, VA, 23875

  Registry ID: 110008997130

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (2)

• RED HILL UTILITY, LLCentered 2023-05-22

  Primary law: CWA

• RED HILL UTILITY, LLCentered 2022-05-25

  Primary law: CWA

Timeline (2 milestones)

• 2022-06-07Enforcement Action Data Entered
• 2023-05-22Final Order Issued