EPA v. ALLENS, INC.

Case summary

12/22/08 - ADMIN ORDER ISSUED. ON MAY 22, 2008, REPRESENTATIVES OF EPA AND NCDENR CONDUCTED A COMPLIANCE EVALUATION INSPECTION. DURING THE CEI, EPA OBSERVED DISCHARGES FROM LAND APPLICATION SPRAYFIELDS. THE SPECIFIC OBSERVATIONS ARE AS FOLLOWS: A. WATER WAS OBSERVED PONDING IN TWO SPRAYFIELDS, IDENTIFIED AS FIELDS D10 AND D12 AND THEN OVERFLOWING INTO A VEGETATED AREA SEPARATED THE TWO SPRAYFIELDS FROM MILL BRANCH. THE EFFLUENT WAS THEN OBSERVED DISCHARGING INTO MILL BRANCH. B. MILL BRANCH FLOWS INTO SIX RUNS CREEK WHICH FLOWS INTO THE BLACK RIVER. THE BLACK RIVER IS A NAVIGABLE WATER OF THE U.S. C. IN ADDITION, EVIDENCE INDICATES THAT A POTENTIAL DISCHARGE INTO MILL BRANCH COULD HAVE OCCURRED FROM AN ADDITIONAL SPRAYFIELD, FIELD D11. AS A RESULT OF THE CEI, EPA REGION 4 DETERMINED THAT RUNOFF FROM THEIR LAND APPLICATION SPRAYFIELDS WAS DISCHARGED TO NAVIGABLE WATERS OF THE U.S. AT THE TIME OF THE CEI, ALLENS HAD NOT OBTAINED COVERAGE UNDER THE NCDENR PERMIT FOR DISCHARGES ASSOCIATED WITH THEIR LAND APPLICATION SPRAYFIELDS.

Defendants (1)

• ALLENS, INC. (SB)Named in settlement

Facilities (1)

• SAGER CREEK VEGETABLE COMPANY

  5900 TURKEY HWY, TURKEY, NC, 28393

  Registry ID: 110006071428

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ALLENS, INC.entered 2008-12-22

  Primary law: CWA

Timeline (4 milestones)

• 2008-12-22Final Order Issued
• 2008-12-23Enforcement Action Data Entered
• 2009-02-11NPDES Closed
• 2009-02-11Enforcement Action Closed