EPA v. JAMES E. WATSON DAIRY

Case summary

8/5/09 - ADMINISTRATIVE ORDER ISSUED. ON MARCH 4, 2008, EPA REGION 4 AND TDEC PERFORMED A COMPLIANCE EVALUATION INSPECTION (CEI). THE CEI WAS TO EVALUATE THE TREATMENT AND DISPOSAL OF WASTEWATER AT THE FACILITY IN ACCORDANCE WITH THE CWA, THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR 122.23, AND THE PERMIT. DURING THE CSI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. DURING THE MARCH 4, 2008, INSPECTION, EPA REQUESTED THAT WATSON PROVIDE A COPY OF THE SITE-SPECIFIC NMP. WATSON FAILED TO PRODUCE THE REQUESTED NMP. B. DURING THE MARCH 4, 2008, INSPECTION EPA REQUESTED THAT WATSON PROVIDE RECORDS OF WEEKLY INSPECTIONS OF STORMWATER DIVERSION DEVICES, RUNOFF DIVERSION STRUCTURES OR DEVICES CHANNELING CONTAMINATED STORM WATER. WATSON FAILED TO PROVIDE THE REQUESTED RECORDS. C. DURING THE MARCH 4, 2008, INSPECTION, EPA REQUESTED THAT WATSON PROVIDE RECORDS OF DAILY INSPECTION OF WATER LINES OR DRINKING OR COOLING WATER LINES. WATSON FAILED TO PRODUCE THE REQUESTED RECORDS. D. DURING THE MARCH 4, 2008, INSPECTION, EPA REQUESTED THAT WATSON PROVIDE RECORDS OF WEEKLY INSPECTIONS OF THE MANURE, LITTER, AND PROCESS WASTEWATER IMPOUNDMENTS OR THE LIQUID LEVEL IN THE IMPOUNDMENTS. WATSON FAILED TO PRODUCE THE RECORDS REQUESTED. E. DURING THE MARCH 4, 2008, INSPECTION, EPA OBSERVED THAT NO FREEBOARD WAS MAINTAINED IN THE STORAGE POND. THE NMP REQUIRES THAT ONE FOOT OF FREEBOARD BE MAINTAINED IN THE STORAGE POND. EPA REQUESTED THAT WATSON PROVIDE RECORDS OF THE DEPTH OF THE MANURE AND PROCESS WASTEWATER IN THE LIQUID IMPOUNDMENT THAT COULD CONFIRM WHETHER THE REQUIRED LEVEL OF FREEBOARD HAD EVER BEEN MAINTAINED IN THE STORAGE POND. WATSON FAILED TO PRODUCE THE REQUESTED RECORDS. F. DURING THE MARCH 4, 2008, INSPECTION, EPA OBSERVED 10 ADULT COW CARCASSES IN VARIOUS LEVELS OF DECOMPOSITION IN AN AREA IDENTIFIED IN THE NMP AS BUFFERED FOR WATERS. THERE WAS NO ATTEMPT TO DISPOSEOF THE CARCASSES IN MANNER THAT WOULD NOT ADVERSELY AFFECT GROUNDWATER OR SURFACE WATER OR CREATE PUBLIC HEALTH CONCERNS. EPA ALSO OBSERVED A BADLY DECOMPOSED COW AT A FEEDER . EPA REQUESTED THAT WATSON PROVIDE RECORDS OF HIS MORTALITY MGMT AND PRACTICES USED TO COMPLY WITH THE NMP. WATSON FAILED TO PRODUCE THE RECORDS REQUESTED. G. WATSON FAILED TO IMPLEMENT THE SITE-SPECIFIC NMP AS REQUIRED BY PART IV.A OF THE PERMIT BY FAILING TO CONDUCT THE ABOVE DESCRIBED REQUIREMENTS.

Defendants (1)

• JAMES E. WATSON DAIRY (SB)Named in settlement

Facilities (1)

• JAMES WATSON DAIRY

  616 POND CREEK ROAD, SWEETWATER, TN, 37874

  Registry ID: 110035847064

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• JAMES E. WATSON DAIRYentered 2009-08-05

  Primary law: CWA

Timeline (4 milestones)

• 2009-08-05Final Order Issued
• 2009-08-18Enforcement Action Data Entered
• 2010-01-01NPDES Closed
• 2010-01-01Enforcement Action Closed