EPA v. HALLMAN FOUNDRY LLC AND A. STUCKI COMPANY

Case summary

7/25/16 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. ALLEGATIONS: ON FEB 9, 2016, REPRESENTATIVES OF EPA AND NCDEQ PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE HALLMAN FOUNDRY TO EVALUATE RESPONDENTS' COMPLIANCE WITH THE REQUIREMENTS OF CWA 301 AND 402(p); THE REGS PROMULGATED THEREUNDER AT 40 CFR 122.26; AND THE PERMIT. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. RESPONDENTS HAVE SEVERAL UNCOVERED INDUSTRIAL AREAS OUTDOORS WITH EXPOSURE TO STORMWATER RUNOFF, INCLUDING OUTDOOR SCRAP METAL STORAGE, SLAG STORAGE, SAND STORAGE, EQUIPMENT STORAGE, OIL AND CHEMICAL STORAGE, AND MAINTENANCE OPERATIONS. B. RESPONDENTS, WHICH OPERATE A DUCTILE IRON FOUNDRY UNDER SIC CODE 3321 HAVE FAILED TO SUBMIT A NOI REQUESTING COVERAGE UNDER THE PERMIT DATED NOV 1, 2012. BASED ON THE CSWEI AND DUE TO THE HYDROLOGY OF THE FACILITY AND HISTORIC RAINFALL DATA, EPA HAS DETERMINED THAT FROM NOV 2011 TO MAY 2016, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY GENERALLY DISCHARGED FROM THE FACILITY THRU STORMWATER DRAINS AND SHEET FLOW TO A DRAINAGE DITCH WHIHC ULTIMATELY DISCHARGES TO LITTLE BUFFALO CREEK. LITTLE BUFFALO CREEK IS A TRIBUTARY TO THE DEEP RIVER, A TRADITIONALLY NAVIGABLE WATER OF THE U.S. THEREFORE, RESPONDENTS HAVE VIOLATED CWA 301 BY DISCHARGING STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY W/OUT PROPER AUTHORIZATION. AGREEMENT ON CONSENT: A. RESPONDENTS SHALL CEASE ALL UNAUTHORIZED DISCHARGES OF STORMWATER FROM INDUSTRIAL ACTIVITY FROM THE FACILITY TO WATERS OF THE U.S. W/OUT A CWA NPDES PERMIT WITHIN 90 DAYS. B. IF RESPONDENTS CHOOSE TO COMPLY BY CEASING ALL DISCHARGES, RESPONDENTS SHALL SUBMIT A WORK PLAN TO EPA WITHIN 30 DAYS DETAILING THE STEPS RESPONDENTS MUST TAKE TO CEASE DISCHARGING. C. IF RESPONDENTS CHOOSE TO COMPLY BY OBTAINING A CWA NPDES PERMIT THAT AUTHORIZES DISCHARGES FROM THE FACILITY, RESPONDENTS SHALL: - REPORT TO EPA ON THE SUBMISSION OF A NOI AND ASSOCIATED DOCUMENTS TO NCDEQ WITHIN 30 DAYS AND SIMULTANEOUSLY SUBMIT A COPY OF THE NOI AND PROOF OF SUBMISSION TO EPA. - SUBMIT A COPY OF THE MOST CURRENT STORMWATER POLLUTION PREVENTION PLAN (SPPP) TO EPA WITHIN 30 DAYS. - PERFORM AND SUBMIT THE RESULTS FROM AN INITIAL ROUND OF ANALYTICAL AND QUALITATIVE MONITORING PERFORMED AT THE FACILITY IN ACCORDANCE WITH PART II OF THE PERMIT WITHIN 30 DAYS. - WITHIN 180 DAYS, PERFORM AND PROVIDE THE RESULTS OF A SECOND ROUND OF ANALYTICAL AND QUALITATIVE MONITORING PERFORMED IN ACCORDANCE WITH PART II OF THE PERMIT.

Defendants (2)

• A. STUCKI COMPANYNamed in settlement
• HALLMAN FOUNDRY LLCNamed in settlement

Facilities (1)

• HALLMAN FOUNDRY

  105 EAST HUMBER STREET, SANFORD, NC, 27330

  Registry ID: 110001478847

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• HALLMAN FOUNDRY LLC AND A. STUCKI COMPANYentered 2016-07-25

  Primary law: CWA

Timeline (4 milestones)

• 2016-07-25Final Order Issued
• 2016-08-02Enforcement Action Data Entered
• 2018-03-05Enforcement Action Closed
• 2018-03-05NPDES Closed