EPA v. INGLES MARKETS, INC. - INGLES DISTRIBUTION CENTER

Case summary

7/5/2011 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT VIOLATED SECTIONS 301 AND 402(p) OF THE CWA, 33 U.S.C. SECTION 1311 AND 1342(p), BY FAILING TO COMPLY WITH THE PERMIT, AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE PERMIT. ORDER REQUIRES: A. IMMEDIATELY UPON RECEIPT OF THIS ORDER, AS REQUIRED BY PARTS I.A.2, I.C.1 AND II.B.1 OF THE PERMIT, MODIFY THE PLAN TO IDENTIFY THE THREE (3) OUTFALLS AND TO REFLECT CURRENT CONDITIONS. WITHIN THIRTY DAYS OF THE DATE OF RECEIPT OF THIS ORDER, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. B. IMMEDIATELY UPON RECEIPT OF THIS ORDER, AS REQUIRED BY PARTS I.A.2, 11.C.1 AND II.B.3, I.B.4, I.B.6 AND II.B.1 OF THE PERMIT, CONDUCT DETAILED INSPECTIONS AND KEEP A RECORD OF OBSERVATIONS AND ACTIONS TAKEN. WITHIN THIRTY (30) DAYS OF THE DATE OF RECEIPT OF THIS ORDER, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. C. IMMEDIATELY UPON RECEIPT OF THIS ORDER, AS REQUIRED BY PARTS I.A.4, I.G.5, II.B.1 AND II.B.2 OF THE PERMIT, CEASE ALL SEDIMENT DISCHARGES AND TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ALL FUTURE UNAUTHORIZED DISCHARGES TO THE SWANNANOA RIVER. WITHIN THIRTY (30) DAYS OF THE DATE OF RECEIPT OF THIS ORDER, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. D. IMMEDIATELY UPON RECEIPT OF THIS ORDER, AS REQUIRED BY PART I.A.4, I.C.1, I.C.2 AND II.B., MAINTAIN OR REPLACE PERIMETER SILT FENCING ON THE SOUTHEASTERN PORTION OF THE DEVELOPMENT; STABILIZE THE BERM ON THE SOUTH SIDE OF THE DEVELOPMENT; STABILIZE THE OUTFALL FOR THE STORMWATER BYPASS LINE; STABILIZE SEDIMENT BASIN #2; STABILIZE THE SOIL STOCKPILE ON THE SOUTHEASTERN PORTION OF THE DEVELOPMENT; STABILIZE THE DRAINAGE DITCH ON THE WESTERN PORTION OF THE DEVELOPMENT; AND MAINTAIN THE INLET PROTECTION FOR THE STORM DRAINS ON THE WESTERN PORTION OF THE DEVELOPMENT. WITHIN THIRTY (30) DAYS OF THE DATE OF RECEIPT OF THIS ORDER, SUBMIT DOCUMENTATION AND PHOTOGRAPHS THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET.

Defendants (2)

• INGLES MARKETS, INC.Named in settlement
• INGLES DISTRIBUTION CENTERNamed in settlement

Facilities (1)

• INGLES DISTRIBUTION CENTER

  HIGHWAY 70, ASHEVILLE, NC, 28816

  Registry ID: 110043461642

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• INGLES MARKETS, INC. - INGLES DISTRIBUTION CENTERentered 2011-07-05

  Primary law: CWA

Timeline (3 milestones)

• 2011-07-05Final Order Issued
• 2011-07-28Enforcement Action Data Entered
• 2012-01-01Enforcement Action Closed