EPA v. MAR-JAC POULTRY, INC.

Case summary

10/27/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $44,230, DUE WITHIN 30 DAYS. ALLEGATIONS: ON AUG 27, 2014, EPA PERFORMED A COMPLIANCE INSPECTION (CI) TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER. ON FEB 10, 2015, EPA ISSUED A NOTICE OF VIOLATION (NOV) TO RESPONDENT FOR VIOLATIONS OF THE CWA AND THE PERMIT OBSERVED BY EPA DURING THE CI AND REQUESTED THAT RESPONDENT CONTACT EPA TO SCHEDULE A SHOW CAUSE MEETING. ON APR 14, 2015, A SHOW CAUSE MEETING WAS HELD TO DISCUSS THE ALLEGED VIOLATIONS IN THE NOV. AT THE SHOW CAUSE MEETING, RESPONDENT PROVIDED DOCUMENTATION OF HOW IT ADDRESSED OR WOULD ADDRESS ALL OF THE DEFICIENCIES ALLEGED IN THE NOV. BASED ON THE CI, EPA DETERMINED THAT RESPONDENT FAILED TO COMPLY WITH THE CWA, ITS IMPLEMENTING REGS, AND THE PERMIT AS FOLLOWS: A. THE FOLLOWING DEFICIENCIES WERE OBSERVED WITH RESPONDENT'S COMPLIACNE WITH THE NON-NUMERIC TECHNOLOGY BASED EFFLUENT LIMITS IN VIOLATION OF THE PERMIT. - MAINTENANCE AND/OR HOUSEKEEPING ISSUES WERE OBSERVED. AT THE TANKER TRUCK LOADING AREA THERE WAS EVIDENCE OF PRIOR SPILLS AROUND THE STORM DRAIN INLET. AT THE STAGING AREA AND THE USED OIL PUMP STATION THE CONTAINMENT STRUCTURE SHOWED SIGNS OF STAINING WHICH COULD BE EXPOSED TO STORMWATER. IN THE CHLORINE HOLDING TANK SECONDARY CONTAINMENT STRUCTURE THE VALVE WAS IN THE OPEN POSITION DURING THE INSPECTION, WHICH COULD RESULT IN A RELEASE OF CHLORINE. - THERE WERE STORAGE AND STAGING AREAS THAT WERE NOT IDENTIFIED IN THE SWPPP. B. THE FOLLOWING DEFICIENCIES WERE OBSERVED WITH THE SWPPP PROVIDED DURING THE INSPECTION IN VIOLATION OF THE PERMIT: - THE SITE MAP PROVIDED WITH THE SWPPP DID NOT IDENTIFY SOME OF THE STRUCTURAL BMPs AND OUTFALLS AT THE FACILITY. - THE SWPPP HAD NOT BEEN UPDATED TO REFLECT SOME OF THE CURRENT CONDITIONS AT THE FACILITY. - THE RESPONSIBILITIES OF THE VARIOUS POLLUTION PREVENT TEAM MEMBERS WERE NOT IDENTIFIED IN THE SWPPP. - SOME OF THE NECESSARY DETAILS REGARDING EMPLOYEE TRAINING WERE NOT PROVIDED. - SOME OF THE NECESSARY DETAILS PERTAINING TO THE HOUSEKEEPING AND PREVENTATIVE MAINTENANCE MEASURES WERE NOT PROVIDED IN THE SWPPP. C. TRAINING RECORDS REVIEWED DURING THE INSPECTION SHOWED TRAINING WAS NOT BEING PROVIDED TO SOME OF THE REQUIRED PERSONNEL. SPECIFICALLY, TRAINING RECORDS WERE NOT PROVIDED FOR SOME OF THE POLLUTION PREVENTION TEAM MEMBERS IN VIOLATION OF THE PERMIT. D. THE FOLLOWING DEFICIENCIES WERE OBSERVED WITH THE DOCUMENTATION OF THE VISUAL ASSESSMENTS AND COMPREHENSIVE INSPECTIONS PERFORMED AT THE FACILITY: - INFO WAS NOT PROVIDED REGARDING THE TIME OF SAMPLING TO ASSURE THAT SAMPLING DID OCCUR WITHIN THE FIRST 30 MINUTES OF DISCHARGE IN VIOLATION OF THE PERMIT. - ANNUAL COMPREHENSIVE INSPECTION RECORDS DID NOT INCLUDE OBSERVATIONS OF ALL OF THE FACILITIES COVERED BY THE PERMIT, IN VIOLATION OF THE PERMIT. E. THE FOLLOWING DEFICIENCIES WERE OBSERVED WITH THE BENCHMARK MONITORING PERFORMED AT THE FACILITY: - SAMPLING RECORDS DID NOT INCLUDE THE NECESSARY INFO PERTAINING TO THE RAIN EVENT OR THE TIMES OF COLLECTION IN VIOLATION OF THE PERMIT. - BENCHMARK SAMPLING WAS ONLY PERFORMED AT 2 OF TEH 3 REQUIRED OUTFALLS AT THE FACILITY, IN VIOLATION OF THE PERMIT. THEREFORE, RESPONDENT HAS VIOLATED SECTIONS 301 AND 402(p) OF THE CWA BY FAILING TO COMPLY WITH THE GAEPD PERMIT.

Defendants (1)

• MAR-JAC POULTRY, INC.Named in complaintNamed 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 2016-10-27

  Primary law: CWA

  Federal penalty: $44,230

Timeline (5 milestones)

• 2016-10-27Complaint Filed/Proposed Order
• 2016-10-27Final Order Issued
• 2016-11-17Enforcement Action Data Entered
• 2016-11-26Enforcement Action Closed
• 2016-11-26NPDES Closed