EPA v. RANDOLPH PACKING COMPANY

Case summary

8/16/16 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. ORDER STATES: ON FEBRUARY 16, 2016, REPRESENTATIVES OF EPA, IN CONJUNCTION WITH THE NCDEQ, PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION ( CSWEI ) AT RESPONDENT'S FACILITY TO EVALUATE THE RESPONDENT'S COMPLIANCE WITH THE REQUIREMENTS OF SECTIONS 301 AND 402(p) OF THE CWA. DURING THE CSWEI, THE EPA INSPECTORS OBSERVED THE FOLLOWING: THE RESPONDENT HAS INDUSTRIAL PROCESS AND/OR STORAGE AREAS WITH EXPOSURE TO STORMWATER RUNOFF; INCLUDING THE LIVE ANIMAL HOLDING AREAS, WASTE PRODUCT STORAGE AREAS, AND WASTE LOADING PROCESSES. THE RESPONDENT, WHICH IS A BEEF PACKING FACILING UNDER SIC CODE 2011, HAS FAILED TO SUBMIT A NOI REQUESTING COVERAGE UNDER THE DECEMBER 1, 2012 PERMIT. IN ACCORDANCE WITH SECTION 402(p) OF THE DCWA, AND ITS IMPLEMENTING REGULATIONS, AND BASED ON THE CSWEI AND THE HYDROLOGY OF THE FACILITY AND HISTORIC RAINFALL DATA, THE EPA HAS DETERMINED THAT FROM OCTOBER 1, 1992 TO JUNE 2016, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY GENERALLY DISCHARGED FROM THE FACILITY THROUGH STORMWATER DRAINS THROUGHOUT THE FACILITY TO THE DRAINAGE DITCHES WHICH ULTIMATELY DISCHARGE TO HASKETT CREEK. HASKETT CREEK IS A TRIBUTARY TO THE DEEP RIVER, A TRADITIONALLY NAVIGABLE WATER OF THE UNITED STATES. THEREFORE, THE RESPONDENT HAS VIOLATED SECTIONS 301 AND 402(p) OF THE CWA., DISCHARGING STORMWATER WITHOUT PROPER AUTHORIZATION TO WATERS OF THE UNITED STATES. ORDER REQUIRES: THE RESPONDENT SHALL CEASE ALL UNAUTHORIZED DISCHARGES OF STORMWATER FROM INDUSTRIAL ACTIVITIY FROM THE FACILITY TO WATERS OF THE UNITED STATES WITHOUT A CWA NPDES PERMIT WITHIN NINETY (90) DAYS OF THE EFFECTIVE DATE OF THIS ORDER. IF THE RESPONDENT CHOOSES TO COMPLIANCE BY CEASING ALL DISCHARGES, THE RESONDENT SHALL SUBMIT A WORK PLAN TO THE EPA WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE OF THIS ORDER DETAILING THE STEPS THE RESPONDENT MUST TAKE TO CEASE DISCHARGING. IF THE RESPONDENT INTENDS TO COMPLY WITH OBTAINING A CWA NPDES PERMIT THAT AUTHORIZES DISCHARGES FROM THE FACILITY, THE RESPONDENT SHALL: REPORT TO THE EPA ON THE SUBMISSION OF THE NOTICE OF INTENT (NOI) AND ASSOCIATED DOCUMENTS TO NCDEQ WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS AOC, AND SIMULTANEOUSLY SUBMIT A COPY OF THE NOI AND PROOF OF SUBMISSIONS TO THE EPA. SUBMIT A COPY OF STORMWATER POLLUTION PREVENTION PLAN (SPPP) TO THE EPA WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS AOC. SUBMIT ANY RESULTS FROM SEMIANNUAL ANALYTICAL AND/OR QUALITATIVE MONITORING PERFORMED AT THE FACILITY FROM FEBRUARY 2016 THROUGH THE FIRST ONE HUNDRED EIGHTY (180) DAYS FOLLWING THE EFFECTIVE OF THIS AOC, IN ACCORDANCE WITH PART OF THE PERMIT.

Defendants (1)

• RANDOLPH PACKING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• RANDOLPH PACKING COMPANY

  403 WEST BALFOUR AVENUE, ASHEBORO, NC, 27203

  Registry ID: 110067431540

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• RANDOLPH PACKING COMPANYentered 2016-08-16

  Primary law: CWA

Timeline (4 milestones)

• 2016-08-16Final Order Issued
• 2016-09-02Enforcement Action Data Entered
• 2017-09-19NPDES Closed
• 2017-09-19Enforcement Action Closed