EPA v. A & E LIVESTOCK

Case summary

9/19/14 - COMPLIANCE ORDER ISSUED. THE FACILITY HAS A DESIGN CAPACITY OF 1,460 SWINE WHEN IN OPERATION AND IS THEREOFRE A MEDIUM CAFO AND A POINT SOURCE. ON AUG 6, 2013, RESPONDENT NOTIFIED TDEC THAT A DISCHARGE OF LAGOON WASTEWATER, AN AGRICULTURAL WASTE, OCCURRED AT THE FACILITY INTO AN UNNAMED TRIBUTARY OF MUD CREEK. THE UNNAMED TRIBUTARY FLOWS DIRECTLY INTO MUD CREEK, WHICH FLOWS TO THE OBION RIVER AND THENCE TO THE MISSISSIPPI RIVER, A TRADITIONALLY NAVAGABLE WATER OF THE UNITED STATES. ON MAY 23, 2014, EPA SENT THE RESPONDENT A CERTIFIED LETTER REQUESTING INFO TO EVALUATE THE FACILITY'S COMPLIANCE WITH THE CWA AND THE REGS PROMULGATED THEREUNDER. THE RESPONDENT TO DATE, RESPONDENT HAS NOT RESPONDED TO THE MAY 23, 2014 INFO REQUEST WHICH WAS DUE SEPT 12, 2014. THEREFORE, EPA HAS DETERMINED THAT RESPONDENT IS IN VIOLATION OF CWA 308(a) FOR FAILING TO PROVIDE THE INFO REQUESTED IN THE MAY 23, 2014 LETTER. ORDER: RESPONDENT PROVIDE THE INFO REQUESTED WITHIN 14 DAYS.

Defendants (1)

• A & E LIVESTOCKNamed in settlement

Facilities (1)

• A & E LIVESTOCK

  357 WOODRUFF ROAD, DRESDEN, TN, 38225

  Registry ID: 110056161479

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• A & E LIVESTOCKentered 2014-09-19

  Primary law: CWA

Timeline (4 milestones)

• 2014-09-19Final Order Issued
• 2014-09-20Enforcement Action Data Entered
• 2015-01-01Enforcement Action Closed
• 2015-01-01NPDES Closed