EPA v. PEACHY DAIRY, INC.

Case summary

10/16/09 - ADMINISTRATIVE ORDER ISSUED. ON MARCH 23, 2009, EPA REGION 4 AND FDEP PERFORMED A COMPLIANCE EVALUATION INSPECTION (CEI) AT THE FACILITY. DURING THE CEI, EPA REQUESTED COPIES OF ALL RECORDS REQUIRED AS PART OF THE FACILITY'S PERMIT, INCLUDING RECORDS OF THE SAMPLING RESULTS FOR IMP-2. PART IV.(2) OF THE PERMIT REQUIRES THAT SAMPLE POINT IMP-2 WASTE STORAGE POND NO. 2 BE SAMPLED AT LEAST QUARTERLY TO DETERMINE THE NUTRIENT CONTENT. EPA ALSO REQUESTED THE ABOVE INFO IN A 308 LETTER DATED MAY 6, 2009. THE SAMPLING RECORDS WERE NOT PROVIDED FOR WASTE STORAGE POND IMP-2. DURING THE MARCH 23, 2009 CEI, EPA OVSERVED THAT THE FACILITY'S MOTRALITIES (I.E., DEAD ANIMALS) HAD BEEN DISPOSED OF ABOVE-GROUND WITH NO SUITABLE SOIL COVER. PART V.C.(1) OF THE PERMIT REQUIRES PROPER MANAGEMENT OF MORTALITIES IN ACCORDANCE WITH SECTION 823.041, OF THE FS. SECTION 823.041(1) OF THE FS REQUIRES THAT DEAD ANIMALS BE BURIED AT LEAST 2 FEET BELOW THE SURFACE OF THE GROUND. THEREFORE, PEACHY DAIRY VIOLATED THE CWA SEC 402 BY FAILING TO COMPLY WITH APPROVED PERMIT CONDITIONS; AND BY FAILING TO OPERATE AND MAINTAIN THE FACILITY IN ACCORDANCE WITH THE APPROVED OPERATION AND MAINTENANCE PLAN OR NMP WHICH IS PART OF THE PERMIT. ORDER REQUIRES: A. IMMEDIATELY CEASE THE IMPROPER DISPOSAL OF MORTALITIES; B. IMMEDIATELY COME INTO COMPLIANCE BY DISPOSING OF MORTALITIES ACCORDING TO THE PERMIT, THE FACILITY'S APPROVED NMP, AND FLORIDA STATUTE, CHAPTER 823.041. C. IMMEDIATELY PROVIDE DOCUMENTATION OF SAMPLE REPORTS FOR SAMPLE POINT IMP-2 WASTE STORAGE POND NO.2 AND SAMPLE POINT IMP-2 STORAGE POND NO. 2 QUARTERLY TO DETERMINE NUTRIENT LEVEL AS REQUIRED BY PART IV2 OF THE PERMIT. WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS ORDER, PEACHY DAIRY SHALL SUBMIT DOCUMENTATION THAT EACH REQUIREMENT OF THIE ORDER HAS BEEN MET.

Defendants (1)

• PEACHY DAIRY, INC. (SB)Named in settlement

Facilities (1)

• PEACHEY DAIRY, INC

  ROUTE 1, BOX 333 C-1, MYAKKA CITY, FL, 34251

  Registry ID: 110024383031

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• PEACHY DAIRY, INC.entered 2009-10-16

  Primary law: CWA

Timeline (4 milestones)

• 2009-10-16Final Order Issued
• 2009-12-22Enforcement Action Data Entered
• 2010-01-01Enforcement Action Closed
• 2010-01-01NPDES Closed