EPA v. INGLES DISTRIBUTION CENTER

Case summary

2/28/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,000 DUE WITHIN 30 DAYS. ALLEGATIONS: ON MARCH 1, 2011, EPA AND NCDENR AND BUNCOMBE COUNTY PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT RESPONDENT'S DEVELOPMENT. AS A RESULT OF THE CSWEI, EPA DETERMINED THAT RESPONDENT DISCHARGED STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY FROM ITS DEVELOPMENT WITHIN THE MEANING OF CWA 402(p) AND ITS IMPLEMENTING REGS INTO THE SWANNANOA RIVER, A NAVIGABLE WATER OF THE U.S. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. THE PLAN DID NOT REFLECT CURRENT CONDITIONS BECAUSE IT DID NOT IDENTIFY THE THREE OUTFALLS AT THE DEVLEOP, AS REQUIRED BY THE PERMIT. B. SEDIMENT DISCHARGES WERE OBSERVED ENTERING THE SWANNANOA RIVER AT THE OUTFALL FOR THE STORMWATER BYPASS LINE, AT SEDIMENT BASIN #2, AT A SOIL STOCKPILE ON THE SOUTHWESTERN PORTION OF THE DEVLEOPMENT, AND AT A DRAINAGE DITCH ON THE WESTERN PORTION OF THE DEVELOPMENT; AND MAINTENANCE WAS NEEDED OFR STORM DRAIN INLETS ON THE WESTERN PORTION OF THE DEVELOPMENT AND PERIMETER SILT FENCING ON THE SOUTHEASTERN PORTION OF THE DEVELOPMENT, AS REQUIRED BY THE PERMTI. THEREFORE, RESPONDENT HAS VIOLATED CWA SECTIONS 301 AND 402(p) BY FAILING TO COMPLY WITH THE NCDENR PERMIT, AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE NCDENR PERMIT.

Defendants (2)

• INGLES MARKETS, INC.Named in complaintNamed in settlement
• INGLES DISTRIBUTION CENTERNamed in complaintNamed 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 DISTRIBUTION CENTERentered 2012-02-28

  Primary law: CWA

  Federal penalty: $6,000

Timeline (4 milestones)

• 2012-02-28Complaint Filed/Proposed Order
• 2012-02-28Final Order Issued
• 2012-03-06Enforcement Action Data Entered
• 2012-03-07Enforcement Action Closed