EPA v. Lau Enterprise, Inc. (Complaint/CAFO)

Case summary

'6/12/02 - Complaint/CAFO issued. Based on an April 1997 EPA inspection, on March 19, 1998, EPA determined that stormwater discharges from the product storage practices in teh Allapattah Product Market area were a significant contributor of pollutants to Wagner Creek. Therefore, the discharges were subject to NPDES permitting requirements. Respondent did not make application for an NPDES permit for this facility. On April 26, 1999 and April 29, 1999, EPA issued Info Request Letters, notifiying Respondent of EPA's determination that Respondent's point source discharge of stormwater at the facility contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the U.S. The 308 letters requested Respondent to submit a Notice of Intent (NOI) for NPDES permit coverage under the MSGP and a Storm Water Pollution Prevention Plan (SWPPP) as required by the MSGP. Respondent did not respond to the 308 letters. On July 27, 1999, EPA issued Administrative Order, Docket Number 99-047 (See Enforcement Idenfier 04-1999-0355) pursuant to Section 309(a) of the CWA. Respondent did not respond to the A.O. On November 12, 1999, EPA sent Respondent a Notice of Violation for failure to respond to EPA's 308 Letters and for failure to respond to EPA's AO. Respondent did not respond to EPA's NOV. On August 4, 2000, EPA sent Respondent a Notice of Opportunity to Show Cause requesting that representatives of Respondent be present in EPA's Region IV offices on August 24, 2000 to show cause why EPA should not take formal enforcement action. On December 6, 2000, EPA sent Respondent a second Notice of Opportunity to Show Cause . On April 19, 2001, representatives from EPA held a teleconference with Respondent. During the teleconference, Respondent agreed to pay a civil penalty of $2,000 in settlement of this action. On August 23, 2001, Respondent sent EPA a NOI form for the subject property. Respondent's failure to make timely application for coverage under the MSGP, and Respondent's discharge of stormwater without an NPDES permit violated Section 301 of the CWA. Respondent's failure to respond to the 308 Letters is a violation of the CWA.

Defendants (1)

• Lau Enterprise, Inc.Named in complaintNamed in settlement

Facilities (2)

• LAU ENTERPRISES

  1410 NW 21ST ST, MIAMI, FL, 331427002

  Registry ID: 110010617582

• LAU ENTERPRISE, INC.

  1410 N.W. 23RD STREET, MIAMI, FL, 33142

  Registry ID: 110011385027

Statutes cited

• CWA 308 — Information Request, Records, Entry
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• Lau Enterprise, Inc. (CAFO)entered 2002-06-12

  Primary law: CWA

  Federal penalty: $2,000

Timeline (4 milestones)

• 2002-06-12Complaint Filed/Proposed Order
• 2002-06-12Final Order Issued
• 2002-10-08Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed