EPA v. SMOKY MOUNTAIN TROUT FARM

Case summary

9/19/14 - COMPLIANCE ORDER ISSUED. EPA REGION 4 ISSUED NPDES PERMIT NO. NC0052515 EFFECTIVE ON DEC 1, 2009, TO THE RESPONDENT, AUTHORIZING A DISCHARGE FROM THE FACILITY TO BUNCHES CREEK TO RAVEN FORK RIVER IN COMPLIANCE WITH THE TERMS, CONDITIONS, AND REQUIREMENTS OF THE PERMIT, WITH AN EXPIRATION DATE OF NOV 30, 2014. THE PERMIT PART II.D.12 AND 40 CFR 122.21(d) REQUIRE SUBMITTAL OF AN NPDES PERMIT APPLICATION AT LEAST 180 DAYS BEFORE THE PREVIOUS PERMIT EXPIRATION DATE. THE RESPONDENT HAS NOT SUBMITTED AN NPDES PERMIT APPLICATION. BECAUSE THE RESPONDENT FAILED TO REAPPLY TIMELY, THE PROVISION OUTLINE IN 40 CFR 122.6 CONTINUATION OF EXPIRING PERMITS ARE NOT APPLICABLE. THE RESPONDENT HAS VIOLATED SECTION 301(a) AND 402 OF THE CWA IN THAT RESPONDENT HAS VIOLATED THE PERMIT AND 40 CFR 122.21(d) BY NOT SUBMITTING AN APPLICATION AT LEAST 180 DAYS BEFORE THE PREVIOUS PERMIT EXPIRATION DATE. ORDER REQUIRES: WITHIN 60 DAYS, RESPONDENT SHALL SUBMIT TO EPA AN NPDES PERMIT APPLICATION FOR THE FACILITY. RESPONDENT SHALL MONITOR AND COMPLY WITH THE FINAL EFFLUENT LIMITATIONS INCLUDED IN PART 1.A OF THE PERMIT, AND COMPLY WITH THE REMAINING TERMS OF THE PERMIT. RESPONDENT SHALL MAINTAIN AND OPERATE THE FACILITY AS EFFICIENTLY AS POSSIBLE.

Defendants (1)

• SMOKY MOUNTAIN TROUT FARM (SB)Named in settlement

Facilities (1)

• SMOKY MOUNTAIN TROUT FARM

  2697 BUNCHES CREEK (PO BOX 1244), CHEROKEE, NC, 28719

  Registry ID: 110006888449

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• SMOKY MOUNTAIN TROUT FARMentered 2014-09-19

  Primary law: CWA

Timeline (4 milestones)

• 2014-09-19Final Order Issued
• 2014-09-20Enforcement Action Data Entered
• 2017-12-18NPDES Closed
• 2017-12-18Enforcement Action Closed