EPA v. MORGAN MILL TROUT FARM

Case summary

12/17/04 - COMPLIANCE ORDER ISSUED. MORGAN MILL TROUT FARM HAS VIOLATED THE NPDES PERMIT, PART II, SECTION B. PROPER OPERATION AND MAINTENANCE THROUGH IMPROPER MAINTENANCE OF SETTLING PONDS. IN ADDITION, MORGAN MILL TROUT FARM HAS VIOLATED THE BYPASS PROVISION CONTAINED IN PART II, SECTION B OF THE PERMIT BY CREATING MANMADE BREAKS AND DIVERTING WASTEWATER FROM THE SETTLING PONDS, ALLOWING THE WASTEWATER TO ENTER RAVEN FORK IN ABSENCE OF CONDITIONS REQUIRED FOR AN ALLOWABLE BYPASS. ORDER REQUIRES: WITHIN 90 DAYS, RESPONDENT SHALL DREDGE ALL SEDIMENT IN EACH OF ITS SETTLING PONDS AND REPAIR ALL BREAKS IN THE SETTLING POND WALLS. RESOPNDENT SHALL INSPECT AND PERFORM MAINTENANCE (INCLUDING DREDGING) ON THE SETTLING PONDS REGULARLY AS NEEDED FOR PROPER OPERATION AND TO ENSURE ALL EFFLUENT FLOWS THROUGH THE TREATMENT PONDS AS DESIGNED AND IS DISCHARGED THROUGH THE PERMITTED OUTFALL. RESPONDENT SHALL MAINTAIN RECORDS OF ALL INSPECTIONS AND MAINTENANCE. 90 DAYTS FOLLOWING THE DREDGING, AND EVERY 90 DAYS THEREAFTER, RESPONDENT SHALL MONITOR AND REPORT TO EPA SEDIMENT LEVELS IN EACH OF THE SETTLING PONDS. THIS MONITORING AND REPORTING SHALL CONTINUE FOR 1 YEAR FOLLOWING INITIAL DREDGING. WITHIN 15 DAYS OF COMPLETION OF THE TASKS REQUIRED ABOVE, RESONDENT SHALL SUBMIT A LETTER TO EPA CERTIFYING COMPLIANCE.

Defendants (1)

• MORGAN MILL TROUT FARM (SB)Named in settlement

Facilities (1)

• MORGAN MILL TROUT FARM

  BIG COVE ROAD, CHEROKEE, NC, 28712

  Registry ID: 110018906585

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MORGAN MILL TROUT FARMentered 2004-12-17

  Primary law: CWA

Timeline (3 milestones)

• 2004-12-17Final Order Issued
• 2005-01-11Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed