EPA v. RED HILL UTILITY, LLC

Case summary

EPA Region III filed an Administrative Order on Consent with Red Hill Utility, LLC, 2073 Cypress Drive, Charlottesville, VA 22911 ( Respondent ), pursuant to Sections 301 and 402 of the Clean Water Act (CWA), 33 U.S.C. 1311 and 1342 which Order requires certain injunctive relief from Respondent for violations at the Facility which include Respondent's failure to have a permit for a period of nine months from March 31, 2020, to January 5, 2021, effluent exceedances and reporting violations, unauthorized discharges of solids from the outfall, and operation and maintenance deficiencies. Respondent's permit renewal became effective on February 1, 2021. Respondent is in the process of shutting down the wastewater treatment system and building a drainage field under VDEQ supervision. Respondent has agreed to shut down the old wastewater treatment Facility and build a new drainage field under the Order. While not a party to the settlement, the state has been an integral part of the negotiations. The location has been flagged for additional EJ screening assessments.

Defendants (1)

• RED HILL UTILITY, LLCNamed in complaintNamed 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
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• RED HILL UTILITY, LLCentered 2022-09-23

  Primary law: CWA

  Federal penalty: $27,572

Timeline (5 milestones)

• 2022-09-23Complaint Filed/Proposed Order
• 2022-09-23Final Order Issued
• 2022-09-28Enforcement Action Data Entered
• 2022-10-24Enforcement Action Closed
• 2022-10-24NPDES Closed