EPA v. ANDREW H. HOLT, dba A&E LIVESTOCK

Case summary

03/17/16 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT. RESPONDENTS ALLEGE THAT, IN OR AROUND DEC 2014, ALL SWINE WERE REMOVED FROM THE FACILITY AND THE FACILITY HAS CEASED OPERATION AS A CONCENTRATED ANIMAL FEEDING OPERATION (CAFO). EPA FILED A CLASS II ADMINISTRATIVE COMPLAINT AGAINST RESPONDENTS WITH THE EPC OFFICE OF THE ADMINISTRATIVE LAW JUDGES ON AUG 13, 2015 SEEKING CIVIL PENALTIES FOR THE VIOLATIONS CITED IN THIS ORDER. ON AUG 13, 2015, TDEC INSPECTED THE FACILITY AND NOTED THAT LAGOON NO. 1 CONTAINED A SIGNIFICANT AMOUNT OF LIQUID, AND THAT LAGOON NO. 2 HAD LESS THAN 2 FEET OF AVAILABLE FREEBOARD. TDEC SUBSEQUENTLY PROVIDED RESPONDENTS WIHT PERTINENT INFO REGARDING PROPER CLOSURE OF THE WASTE STORAGE LAGOONS VIA EMAILS DATED AUG 27, 2015 AND FEB 11, 2016. EPA ALLEGES THAT RESPONDENTS HAVE NEITHER PROPERLY NOR TIMELY CLOSED THE WASTE STORAGE LAGOONS AT THE FACILITY, AND HAVE FAILED TO PROPERLY MAINTAIN THE WASTE STORAGE LAGOONS, INCLUDING MAINTAINING ADEQUATE FREEBOARD TO PROTECT AGAINST FUTURE DISCHARGES TO WATERS OF THE U.S. EPA FURTHER ALLEGES THAT RESPONDENTS' FAILURE TO TIMELY AND PROPERLY CLOSE AND/OR PROPERLY MAINTAIN THE LAGOONS CONSTITUTES A CONTINUOUS VIOLATION IN THAT THERE IS A REASONABLE LIKELIHOOD OF FUTURE UNAUTHORIZED DISCHARGE. AGREEMENT: A. RESPONDENTS SHALL MAINTAIN WEEKLY RECORDS OF THE DEPTH OF THE MANURE AND WASTEWATER IN EACH LAGOON. B. IF RESPONDENTS ANTICIPATE A DISCHARGE OR OVERFLOW FROM THE LAGOONS, RESPONDENTS SHALL IMMEDIATELY NOTIFY EPA. C. WITHIN 45 DAYS, SUBMIT CERTIFICATION TO EPA THAT RESPONDENTS HAVE DRAWN DOWN THE WATER LEVEL IN LAGOONS NO. 1 AND 2 TO ATTAIN 24 VERTICAL INCHES OF FREEBOARD IN EACH LAGOON. SUBMIT CERTIFICATION TO EPA AS TO THE METHOD OF REMOVAL AND/OR UTILIZATION OF WASTEWATER (E.G., LAND APPLICATION DATES, LOCATIONS, RECEIVING CROPS, RATES, AND WEATHER CONDITIONS). D. WITHIN 90 DAYS, PREPARE AND SUBMIT TO EPA FOR APPROVAL A LAGOON CLOSURE AND MAINTENANCE PLAN. E. WITHIN 30 DAYS AND EVERY 30 DAYS THEREAFTER UNTIL FULL CLOSURE IS ACHIEVED, RESPONDENT SHALL SUBMIT A CERTIFIED MONTHLY PROGRESS REPORT TO EPA. F. WITHIN 7 CALENDAR DAYS OF COMPLETION OF CLOSURE OF EACH LAGOON, RESPONDENTS SHALL NOTIFY EPA AND ALLOW EPA TO CONDUCT AN INSPECTION OF THE CLOSED LAGOON.

Defendants (2)

• HOLT, ANDREW H.Named in settlement
• 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)

• ANDREW H. HOLT, dba A&E LIVESTOCKentered 2016-03-17

  Primary law: CWA

Timeline (2 milestones)

• 2016-03-17Final Order Issued
• 2016-03-30Enforcement Action Data Entered