EPA v. MURPHY FAMILY FARMS

Case summary

DEFENDANTS OWN A CONCENTRATED ANIMAL FEEDING OPERATION AND HAD SEVERAL DOCUMENTED DISCHARGES AND FAILED TO APPLY FOR AN NPDES PERMIT AS REQUIRED BY 40 CFR 122.23 AND SECTION 301 OF THE CWA. THERE WILL BE TWO DEFENDANTS WHICH ARE OWNERS OR OPERATORS OF THE FARM -- MURPHY FARMS, INC., THE INGRATOR, AND D.M. MURPHY FARMS, INC., THE FACILITY ITSELF. INJUNCTIVE RELIEF INCLUDES CEASE DISCHARGE AND APLY FOR A PERMIT; PENALTY WILL BE DECIDED BY LITIGATION TEAM. THE ISSUE OF CAFOS IS OF NATIONAL SIGNIFICANCE, BUT DUE TO THE NATURE OF THIS CASE (CITIZEN SUIT), OECA ALLOWED THIS TO BE A DIRECT REFERRAL. THREE CASES COMBINED. DOCKET NUMBERS ARE: 7:98-CV-4F(1) 7:98-CV-19-F(1) 7:98-CV-209-F(1) 2/9/01 - THIS IS AN AMENDMNT TO THE 9/16/98 CIVIL REFERRAL AGAINST MURPHY FARMS, INC., D/B/A MURPHY FAMILY FARMS, ET. AL., A CONCENTRATED ANIMAL FEEDING OPERATION (CAF0). THE ORIGINAL 1998 REFERRAL ASKED DOJ TO FILE SUIT AGAINST THE PROPOSED DEFENDANTS FOR DISCHARGED POLLUTANTS WITHOUT AN NPDES PERMIT IN VIOLATIO OF SECTION 301 OF THE CWA. THE U.S. FILED ITS COMPLAINT ON 11/19/98, AS A PLAINTIFF- INTERVENOR WITH RESPECT TO A CITIZEN SUIT FILED IN U.S. DISTRICT COURT FOR THE EDNC ON BEHALF OF THE AMERICAN CANOE ASSOCIATION, THE PROFESSIONAL PADDLESPORTS ASSOCIATION AND THE CONSERVATION COUNCIL OF NORTH CAROLINA. THE ORIGINAL COMPLAINTS FILED IN THE MATTER ALLEGED THE DEFENDANTS FAILED TO OBTAIN AN NPDES AT ITS MAG 4 FACILITY LOCATED IN ROSE HILL, NC. IT WAS SUBSEQUENTLY DISCOVERED THAT THE DEFENDANTS ALSO OPERATED 4 OTHER CAFO FACILITIES IN THE ROSE HILL AREA WITH INTERCONNECTED WATER MANAGEMENT SYSTEMS -- MELVILLE I, MELVILLE II, DELL AND DM SECTION 1, SITE 4. AS A RESULT, THESE 5 HOG FARMS CONSTITUTE 1 CAFO. THE CITIZEN PLAINTIFFS HAVE AMENDED THEIR COMPLAINT TO INCLUDE THESE 4 ADDITIONAL FARMS.

Defendants (3)

• D.M. FARMS OF ROSE HILL, LLCNamed in complaintNamed in settlement
• MURPHY FAMILY FARMSNamed in complaintNamed in settlement
• MURPHY FARMS, INC.Named in complaintNamed in settlement

Facilities (1)

• MURPHY FARMS INCORPORATED ROSEMARY MIL

  STATE ROAD 1148, ROSE HILL, NC, 28458

  Registry ID: 110007376017

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MURPHY FAMILY FARMSentered 2001-10-02

  Primary law: CWA

  Federal penalty: $72,000

Timeline (7 milestones)

• 1998-09-16Enforcement Action Data Entered
• 1998-09-16Referred To Dept Of Justice
• 1998-12-22Complaint Filed With Court
• 2001-07-10Final Order Lodged
• 2001-10-02Final Order Entered
• 2001-10-02Concluded
• 2006-09-13Enforcement Action Closed