EPA v. MORGAN MILL RESORTS, INC./MORGAN MILL CHEROKEE TROUT FARM

Case summary

3/31/2011 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: EPA REISSUED NPDES PERMIT NO. NC0054992 ( PERMIT ) TO THE FACILITY FOR THE DISCHARGE OF TREATED RACEWAY WASTEWATER. THE PERMIT'S EFFECTIVE DATE IS DECEMBER 1, 2009 AND IT WILL EXPIRE ON NOVEMBER 30, 2014. PART I.B OF THE PERMIT REQUIRES THAT THE RESPONDENT THAT THE RESPONDENT CERTIFIES THAT A BEST MANAGEMENT PRACTICES ( BMP ) PLAN HAS BEEN DEVELOPED AND IS BEING IMPLEMENTED. THE CERTIFICATION MUST BE SUBMITTED TO EPA WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THE PERMIT. ON AUGUST 3, 2010, EPA NOTIFIED THE RESPONDENT BY CERTIFIED LETTER, RETURN RECEIPT REQUESTED, THAT THE BMP PLAN CERTIFICATION WAS NOT RECEIVED, AND REQUESTED A COPY OF THE BMP PLAN CERTIFICATION. ACCORDING TO THE RETURN RECEIPT, RESPONDENT RECEIVED THE LETTER ON AUGUST 17, 2010. TO DATE, EPA HAS NOT RECEIVED A RESPONSE FROM THE RESPONDENT. THEREFORE, EPA, REGION 4 HAS DETERMINED THAT RESPONDENT HAS VIOLATED SECTION 301(a) OF THE ACT, 33 U.S.C SECTION 1311(a), AND THE PERMIT ISSUED PURSUANT TO SECTION 402 OF THE ACT, 33 U.S.C. SECTION 1342, BY FAILING TO COMPLY WITH THE REQUIREMENT OF PART I.B OF THE PERMIT. ORDER REQUIRES: a. WITHIN 10 DAYS OF RECEIPT OF THIS ORDER, RESPONDENT SHALL SUBMIT A COPY OF THE BMP PLAN, AND CERTIFICATION OF DEVELOPMENT AND IMPLEMENTATION OF THE BMP PLAN IN ACCORDANCE WITH PART I.B OF THE PERMIT. b. IN THE EVENT THAT A BMP PLAN HAS NOT BEEN DEVELOPED, RESPONDENT SHALL DEVELOP AND IMPLEMENT A BMP PLAN, IN ACCORDANCE WITH PART I.B OF THE PERMIT AND CERTIFY ITS IMPLEMENTATION WITHIN 60 DAYS OF RECEIPT OF THIS ORDER. c. THE BMP PLAN SHALL INCLUDE, BUT NOT LIMITED TO, UNDER PART I.B.4 - OPERATIONAL REQUIREMENTS, THE REQUIREMENT FOR SAFE ACCESSIBILITY TO ALL TREATMENT PONDS AND TO OUTFALL SERIAL NUMBER 001 FROM THE FACILITY'S PROPERTY. d. THE BMP PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO, UNDER PART I.B.4 - OPERATIONAL REQUIREMENTS, THE REQUIREMENT FOR REGULAR AND ROUTINE CLEANING OF THE TREATMENT PONDS, AND THE REGULAR AND ROUTINE MAINTENANCE OF THE TREATMENT PONDS SUCH THAT PONDS DO NOT ENCROACH UPON THE ADJACENT RIGHT OF WAY OF BIG COVE ROAD. RESPONDENT MUST SUBMIT A REQUEST FOR ANY EXTENSION OF TIME NECESSARY TO COMPLY WITH THE REQUIREMENTS OF THIS ORDER IN WRITING, AND MUST INCLUDE THE REASONS FOR THE EXTENSION REQUEST AND A DATE WHEN COMPLIANCE WILL BE ACHIEVED. ANY EXTENSION GRANTED MUST BE MADE BY EPA IN WRITING.

Defendants (1)

• MORGAN MILL RESORTS, INC. (SB)Named in settlement

Facilities (1)

• CHEROKEE TROUT FARM

  10285 BIG COVE ROAD, CHEROKEE, NC, 28719

  Registry ID: 110009720123

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MORGAN MILL RESORTS, INC./MORGAN MILL CHEROKEE TROUT FARMentered 2011-03-31

  Primary law: CWA

Timeline (4 milestones)

• 2011-03-31Final Order Issued
• 2011-04-01Enforcement Action Data Entered
• 2012-01-01NPDES Closed
• 2012-01-01Enforcement Action Closed