EPA v. MORGAN MILL RESORTS, INC. (MORGAN MILL TROUT FARM)

Case summary

6/9/05 - ADMINISTRATIVE ORDER ISSUED. VIOLATION: THE MORGAN MILL TROUT FARM HAS VIOLATED THE NPDES PERMIT NO. NC0054922, 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 ALLOWING AN OVERFLOW PIPE IN POND NUMBER 3 WHICH COULD POTENTIALLY DIVERT WASTEWATER FROM THE SETTLING PONDS, POTENTIALLY ALLOWING THE WASTEWATER TO ENTER RAVEN FORK. BASED ON THE ABOVE, RESPONDENT IS IN VIOLATION OF SECTIONS 301 AND 402 OF THE CWA. ORDER REQUIRES: WITHIN 10 DAYS, RESPONDENT SHALL SUBMIT TO EPA A PLAN TO REMOVE AND PROPERLY DISPOSE OF ALL DREDGED SEDIMENT FROM AROUND THE SETTLING PONDS AND ON THE BANKS OF RAVENS FORK. WITHIN 15 DAYS OF EPA'S APPROVAL OF THE PLAN, RESPONDENT SHALL IMPLEMENT THE PLAN. RESPONDENT SHALL INSPECT AND PERFORM MAINTENANCE (INCLUDING DREDGING AND PROPER DISPOSAL OF DREDGED MATERIAL) 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. 60 DAYS 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 ONE YEAR FOLLOWING INITIAL DREDGING. WITHIN 10 DAYS, THE RESPONDENT SHALL ELIMINATE THE OVERFLOW PIPE FROM SETTLING POND 3. WITHIN 15 DAYS OF COMPLETION OF THE TASKS REQUIRED, RESPONDENT SHALL SUBMIT A LETTER TO EPA CERTIFYING COMPLIANCE

Defendants (1)

• MORGAN MILL RESORTS, INC.Named in settlement

Facilities (1)

• MORGAN MILL TROUT FARM

  BIG COVE ROAD, CHEROKEE, NC, 28179

  Registry ID: 110018906585

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MORGAN MILL RESORTS, INC. (MORGAN MILL TROUT FARM)entered 2005-06-09

  Primary law: CWA

Timeline (3 milestones)

• 2005-06-09Final Order Issued
• 2005-06-30Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed