EPA v. UNIFI KINSTON, LLC

Case summary

9/10/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $40,000 DUE WITHIN 30 DAYS. ALLEGATIONS: AT ALL TIMES RELEVANT TO THIS ACTION, RESPONDENT OWNED AND/OR OPERATED A POLYMER FIBER MANUFACTURING FACILITY OPERATING UNDER NPDES PERMIT NUMBER NC0003760. THIE FACILITY IS CURRENTLY OWNED BY E.I. DUPONT DE NEMOURS AND COMPNAY. ON FEB 29, 2008, DUPONT AND RESPONDENT SIGNED AN AGMT FOR SALE OF THE FACILITY. ON MARCH 20, 2008, THE TRANSACTION FOR SALE CLOSED AND OWNERSHIP OF THE FACILITY TRANSFERRED FROM RESPONDENT TO DEPONT. RESPONDENT'S OPERATIONS CEASED AT THE FACILITY IN OCT 2007. THE DMRs SUBMITTED TO NCDENR BY RESPONDENT, WHILE IT WAS THE OWNER OF THE FACILITY, INDICATE THAT RESPONDENT DISCHARGED LEVELS OF MERCURY IN EXCESS OF THE TOTAL MERCURY LIMITATION ESTABLISHED IN ITS PERMIT. RESPONDENT EXCEEDED ITS MERCURY LIMITS IN ITS PERMIT FROM OUTFALL 002 IN JULY 2007 AND FROM OUTFALL 003 DURING THE MONTHS JAN, APR, AND OCT 2006 AND JUNE-SEPT 2007. THEREFORE, RESPONDENT HAS VIOLATED SECTIONS 301(a) AND 402 OF THE CWA BY FAILING TO COMOPLY WITH THE PERMIT AND FOR DISCHARGES ABOVE THE LIMITS ALLOWED BY THE PERMIT.

Defendants (1)

• UNIFI KINSTON, LLCNamed in complaintNamed in settlement

Facilities (2)

• COVATION BIOMATERIALS KINSTON SITE

  4693 HWY 11 N, GRIFTON, NC, 28530

  Registry ID: 110043785909

• COVATION BIOMATERIALS KINSTON SITE

  4693 HWY 11 N, GRIFTON, NC, 28530

  Registry ID: 110043785909

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• UNIFI KINSTON, LLCentered 2010-09-10

  Primary law: CWA

  Federal penalty: $40,000

Timeline (4 milestones)

• 2010-09-10Complaint Filed/Proposed Order
• 2010-09-10Final Order Issued
• 2010-09-13Enforcement Action Data Entered
• 2010-10-05Enforcement Action Closed