EPA v. EASTERN BAND OF CHEROKEE INDIANS - CHEROKEE TRIBAL TROUT FARM

Case summary

11/4/14 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. REGION 4 ISSUED NPDES PERMIT NO NC0052451 EFFECTIVE ON DEC 1 2009 TO RESPONDENT AUTHORIZING A DISCHARGE FROM THE FACILITY TO THE STRAIGHT FORK RIVER 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 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 RESPONDENT FAILED TO REAPPLY TIMELY, THE PROVISIONS OUTLINED IN 40 CFR 122.6 -- CONTINUATION OF EXPIRING PERMITS ARE NOT APPLICABLE. RESPONDENT HAS VIOLATED CWA 301(a) AND 402 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.

Defendants (2)

• EASTERN BAND OF CHEROKEE INDIANSNamed in settlement
• TRIBAL TROUT FARMNamed in settlement

Facilities (1)

• CHEROKEE TRIBAL TROUT FARM

  QUALLA BOUNDARY, CHEROKEE, NC, 28719

  Registry ID: 110016693773

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• EASTERN BAND OF CHEROKEE INDIANS - CHEROKEE TRIBAL TROUT FARMentered 2014-11-04

  Primary law: CWA

Timeline (4 milestones)

• 2014-11-04Final Order Issued
• 2014-12-30Enforcement Action Data Entered
• 2017-12-18NPDES Closed
• 2017-12-18Enforcement Action Closed