EPA v. BERG BROTHERS RECYCLING, INC.

Case summary

On January 31, 2024, EPA, Region III entered into a Consent Agreement and Final Order ( CAFO ) with Berg Brothers Recycling, Inc. ( Respondent ), to settle the penalty for NPDES violations at an auto salvage yards in Baltimore, Maryland. This CAFO now assesses penalties for those violations. In the Consent Agreement, EPA alleged that the Respondent violated its NPDES General Permits by: (1) failing to implement and document corrective actions, (2) failing to implement appropriate control measures; (3) failure to maintain good housekeeping; and (4) failing to provide required employee training. As a result of these failures to comply with the requirements of the General Permit, issued pursuant to Section 402 of the CWA, Respondent violated Sections 301 of the CWA. To settle the enforcement action, Respondent will pay a penalty totaling $22,000. To help prevent future violations, Respondent has installed an oil water separator at the Facility, which collects stormwater and separates oil, grease, and solids, before the stormwater is discharged to the municipal separate storm sewer. The Consent Agreement and Final Order initiate and resolve this enforcement action. EPA coordinated with MDE in the development of this case. An EJSCREEN was conducted for the facility and shows that the facility is located in an area considered to be of potential EJ concern, according to Region III's protocol.

Defendants (1)

• BERG BROTHERS RECYCLING, INC.Named in complaintNamed in settlement

Facilities (2)

• BERG BROTHERS RECYCLING, INC.

  1401 WEST HAMBURG STREET, BALTIMORE, MD, 21230-1916

  Registry ID: 110009683654

• THE BERG BROTHERS RECYCLING COMPANY

  1401 WEST HAMBURG ST, MORRELL PARK, MD, 21230

  Registry ID: 110009683654

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BERG BROTHERS RECYCLING, INC.entered 2024-01-31

  Primary law: CWA

  Federal penalty: $22,000

Timeline (5 milestones)

• 2024-01-31Final Order Issued
• 2024-01-31Complaint Filed/Proposed Order
• 2024-02-01Enforcement Action Data Entered
• 2024-03-29Enforcement Action Closed
• 2024-03-29NPDES Closed