EPA v. CAL-MAINE FARMS / CAL-MAINE FOODS, INC.

Case summary

6/30/15 - The Consent Decree resolves Cal-Maine Food, Inc.s (Cal-Maine) liability for violations at its large poultry concentrated animal feeding operation (CAFO) facility located at 2695 Adams Lane in Edwards, Hinds County, Mississippi, of the Clean Water Act (CWA), including unauthorized discharges of pollutants to waters of the United States via an unpermitted point source and noncompliance with requirements contained in a National Pollutant Discharge Elimination System (NPDES) permit in violation of Section 301 of the CWA, 33 U.S.C. ? 1311, and the Mississippi Air and Water Pollution Control Law (MAWPCL), Miss. Code Ann. ?49-17-29, from January 28, 2008, to March 30, 2014. The EPA estimates that Cal-Maine will spend approximately $418,000 to complete required injunctive relief and bring its operations into compliance with the CWA. In addition to these compliance costs, the Consent Decree also requires Cal-Maine to pay a civil penalty of $475,000 to be split 50% between the EPA and the State of Mississippi as co-Plaintiffs. Cal-Maine owns and operates the large poultry CAFO facility. Until January 1, 2015, the facility was owned by Cal-Maine and operated by its subsidiary, Cal-Maine Farms, Inc. (Cal-Maine Farms), which shared the same officers and directors. Effective January 1, 2015, Cal-Maine Farms merged into Cal-Maine. Cal-Maine is a public corporation formed in 1969 in the State of Delaware with its principle place of business located in Jackson, Mississippi. The Consent Decree requires Cal-Maine to: (A) comply with land application standard operating procedures, including (i) maintaining a 35 foot wide vegetated buffer as depicted in diagrams prepared by the EPA, (ii) applying all nutrients in accordance with specified application rates contained in its Nutrient Management Plan, (iii) monitoring land application equipment every 120 minutes during land application in each land application field, and (iv) creating and maintaining land application records at the facility; (B) comply with production area standard operating procedures, including (i) inspecting each production area, (ii) documenting the results of such inspections, (iii) taking any necessary corrective measures, including actions necessary to eliminate discharges of pollutants to waters of the United States and/or the state of Mississippi, (iv) creating and maintaining production area inspection and corrective action records, and (v) reporting any discharges of pollutants from the production areas to waters of the United States and/or the state of Mississippi; and (C) implementation and compliance with an employee training policy.

Defendants (2)

• CAL-MAINE FOODS, INC.Named in complaintNamed in settlement
• CAL-MAINE FARMS, INC.

Facilities (1)

• CAL-MAINE FARMS, INC.

  2696 ADAMS LANE, EDWARDS, MS, 392163313

  Registry ID: 110028139388

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CAL-MAINE FARMS (04-2015-C014)entered 2015-06-30

  Primary law: CWA

  Federal penalty: $237,500 · State/local: $237,500

Timeline (7 milestones)

• 2012-09-20Enforcement Action Data Entered
• 2012-09-26Referred To Dept Of Justice
• 2015-04-13Complaint Filed With Court
• 2015-04-13Final Order Lodged
• 2015-06-30Concluded
• 2015-06-30Final Order Entered
• 2016-10-21Enforcement Action Closed