EPA v. MAR-JAC POULTRY, INC.

Case summary

9/30/15 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. ORDER STATES: THE FOLLOWING DETERMINATION ARE BASED ON THE EPA'S REVIEW OF THE DOCUMENTS PROVIDED BY RESPONDENT DURING THE COMPLIANCE INSPECTION ('CI ) AND THE APRIL 2015 SHOW CAUSE MEETING; EMPLOYEE TRAINING RECORDS FROM 2013 AND 2015 WER NOT AVAILABLE FOR ALL OF THE NECESSARY PERSONNEL IN VIOLATION OF PARTS 5.1.1.2, 5.4.11, AND 7.4 OF THE PERMIT. DURING THE CI THREE OUTFALLS WERE IDENTIFIED AT THE FACILITY, HOWEVER THE SWPPP, PROVIDED TO THE EPA DURING THE CI, INCLUDED ONLY TWO OUTFALLS IN VIOLATION OF PART 5.1.2.3 OF THE PERMIT. AN UPDATED SWPP WAS PROVIDED BY RESPONDENT DURING THE SHOW CAUSE MEETING. THE UPDATED SWPPP IDENTIFIED FOUR OUTFALLS AT THE FACILITY AND PROVIDED THAT THREE OFTHE OUTFALLS REQUIRED BENCHMARK SAMPLING. HOWEVER, SAMPLING DATA WAS ONLY AVAILABLE FOR TWO OUTFALLS IN VIOLATION OF PART 6.1.1 OFTHE PERMIT. REVIEW OF THE SAMPLING RECORDS REVEALED THE FOLLOWING EXCEEDANCES OF BENCHMARK VALUES: RECAL - 04/25/14; BOD - 01/03/15, 04/29/14, AND 04/25/14; TSS - 02/03/14, 04/29/14, AND 04/25/14; AND OIL & GREASE - 02/03/14, 04/29/14, AND 04/25/14. HOWEVER, THE TIME OF SAMPLE COLLECTION WAS NOT RECORDED IN THE SAMPLING RECORDS IN VIOLATION OF PART 6.1.3.2 OF THE PERMIT. THEREFORE, EPA ALLEGES RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, BY FAILING TO COMPLY WITH THE PERMIT.

Defendants (1)

• MAR-JAC POULTRY, INC.Named in settlement

Facilities (2)

• MAR-JAC POULTRY, INC.

  1020 AVIATION BLVD, GAINESVILLE, GA, 30317

  Registry ID: 110064550659

• MAR-JAC POULTRY, INC.

  1020 AVIATION BLVD, GAINESVILLE, GA, 30317

  Registry ID: 110064550659

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MAR-JAC POULTRY, INC.entered 2015-09-30

  Primary law: CWA

Timeline (4 milestones)

• 2015-09-30Final Order Issued
• 2015-10-01Enforcement Action Data Entered
• 2016-01-01NPDES Closed
• 2016-01-01Enforcement Action Closed