EPA v. TYSON FARMS, INC.

Case summary

ON MAY 28, 2014, THE U.S. DOJ, AT THE REQUEST OF EPA, FILED A CIVIL ACTION PURSUANT TO SECTION 311 OF THE CWA, SEEKING PENALTIES AGAINST TYSON FARMS, INC., OWNER AND OPERATOR OF A NON-TRANSPORTATION RELATED ONSHORE OIL STORAGE FACILITY LOCATED IN 501 SHEFFIELD ROAD, HARMONY, NC. THE COMPLAINT ALLEGES THAT TYSON VIOLATED THE CWA BY: (i) DISCHARGING A MIXTURE CONTAINING OIL INTO NAVIGABLE WATERS OF THE US IN A QUANTITY THAT HAS BEEN DETERMINED TO BE HARMFUL, ACTIONABLE PURSUANT TO CWA SECTION 311(b)(3), AND BY (ii) FAILING TO ADEQUATELY IMPLEMENT A SPCC AT THE FACILITY, ACTIONABLE PURSUANT TO CWA SECTION 311(b)(7). THE DISCHARGE AT ISSUED OCCURRED FROM THE FACILITY BETWEEN JANUARY 4 AND 5, 2010. THE DISCHARGE WAS CAUSED BY A FROZEN TRANSFER PIPE AND VALVE ASSOCIATED WITH A 500,00-GALLON ABOVEGROUND STORAGE TAND ( AST ) STORING AN OILY WASTEWATER SLUDGE AT THE FACILITY. THE DISCHARGE WAS AGGRAVATED BY AN OPEN VALVE IN THE ASTs SECONDARY CONTAINMENT STRUCTURE, WHICH ALLOWED THE OIL TO BE RELEASED IN HUNTING CREEK AND SOUTH YADKIN RIVER NAVIGABLE WATERS OF THE U.S. HUNTING CREEK AND SOUTH YADKIN RIVER ARE DRINKING WATER SOURCES FORTHE TOWN OF MOCKSVILLE AND DAVIE COUNTY RESPECTIVELY. TO RESOLVE THE VIOLATIONS, TYSON HAS AGREED TO PAY A CIVIL PENALTY OF $305,000.

Defendants (1)

• TYSON FARMS, INC.Named in complaintNamed in settlement

Facilities (6)

• TYSON FOODS INCORPORATED HARMONY

  501 SHEFFIELD ROAD, HARMONY, NC, 28634

  Registry ID: 110001478696

• TYSON FOODS INCORPORATED HARMONY

  501 SHEFFIELD ROAD, HARMONY, NC, 28634

  Registry ID: 110001478696

• TYSON FOODS INCORPORATED HARMONY

  501 SHEFFIELD ROAD, HARMONY, NC, 28634

  Registry ID: 110001478696

• TYSON FOODS INCORPORATED HARMONY

  501 SHEFFIELD ROAD, HARMONY, NC, 28634

  Registry ID: 110001478696

• TYSON FOODS INCORPORATED HARMONY

  501 SHEFFIELD ROAD, HARMONY, NC, 28634

  Registry ID: 110001478696

• TYSON FOODS INCORPORATED HARMONY

  501 SHEFFIELD ROAD, HARMONY, NC, 28634

  Registry ID: 110001478696

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• TYSON FARMS, INC. (04-2014-C014)entered 2014-06-10

  Primary law: CWA

  Federal penalty: $305,000

Timeline (7 milestones)

• 2011-09-07Enforcement Action Data Entered
• 2011-09-08Referred To Dept Of Justice
• 2014-05-28Complaint Filed With Court
• 2014-05-28Final Order Lodged
• 2014-06-10Final Order Entered
• 2014-06-10Concluded
• 2014-06-24Enforcement Action Closed