EPA v. MOUNT OLIVE PICKLE COMPANY, INC.

Case summary

3/30/17 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $131,856, DUE WITHIN 30 DAYS. ALLEGATIONS: ON FEB 10, 2016, EPA AND NCDEQ PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE FACILITY TO EVALUATE RESPONDENT'S COMPLIANCE WITH THE REQUIREMENTS OF CWA 301 AND 402(p) AND THE REGS PROMULGATED THEREUNDER AT 40 CFRR 122.26. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. THE FACILITY HAS SEVERAL INDUSTRIAL AREAS WITH EXPOSURE TO STORMWATER RUNOFF, INCLUDING EXPOSED STORAGE AREA ( BONE YARD ), EXPOSED STORAGE AREA ( LAYDOWN YARD ), EMPLOYEE PARKING WITH TANKER RECEIVING, AND LOADING DOCK AREA. B. THE FACILITY IS A FOOD AN DKINDRED PRODUCTS PROCESSOR (SIC CODE 2035, PICKLES, SAUCES, AND SALAD DRESSINGS), AND IN ACCORDANCE WITH 40 CFR 122.26(b)(14)(xi), STORMWATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY, FOR WHICH A NPDES PERMIT IS REQUIRED, INCLUDES DISCHARGE FROM FACILITIES IDENTIFIED BY THIS SIC CODE. C. THE FACILITY THAT IT FAILED TO SUBMIT A NOTICE OF INTENT (NOI) SEEKING COVERAGE UNDER THE PERMIT. FROM OCT 1, 1992 TO JULY 5, 2016, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY WAS DISCHARGED FROM THE FACILITY THRU THE OUTFALLS AT THE PARKING LOT ON THE SOUTH SIDE OF THE PROPERTY BY VINE STREET AND THE SOUTHEASTERN SIDE OF THE PROPERTY ON CUCUMBER BLVD OF THE SITE AND THRU SHEET FLOW ALONG THE MATERIAL STORAGE AREA ON WESTERN SIDE OF THE PROPERTY BY THE NATIONAL GUARD ARMORY, AND ALONG THE WESTERN SIDE OF THE PROPERTY FROM OUTDOOR MATERIAL STORAGE ALONG THE CORNER OF RELISH STREET AND WITHERINGTON STREET. THESE DISCHARGES GO TO THE TOWN OF MOUNT OLIVE MUNICIPAL SEPARATE STORM SEWER (MS4), WHICH ULTIMATELY DISCHARGES TO BARLOW BRANCH. AT NO POINT DURING THIS TIME DID THE FACILITY SUBMIT AN NOI TO OBTAIN COVERAGE UNDER THE PERMIT. SUCH DISCHARGES OF STORMWATER TO WATERS OF THE UNITED STATES WERE NOT AUTHORIZED BY AN NPDES PERMIT AND ARE THEREFORE VIOLATIONS OF CWA 301 AND 402(p). THEREFORE, THE RESPONDENT HAS VIOLATED SECTION 301 BY DISCHARGING STORMWATER WITHOUT PROPER AUTHORIZATION TO WATERS OF THE U.S. AFTER RESPONDENT BECAME AWARE OF THIS VIOLATION, ON JULY, 6, 2016, RESPONDENT SUBMITTED AN NOI TO NCDEQ REQUESTING COVERAGE UNDER THE PERMIT AT THE FACILITY. THE AUTHORIZATION BECAME EFFECTIVE ON OCT 14, 2016, AND WILL EXPIRE ON OCT 31, 2017, AND REQUIRES RESPONDENT TO COMPLY WITH ALL PROVISIONS OF THE PERMIT.

Defendants (1)

• MOUNT OLIVE PICKLE COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• MOUNT OLIVE PICKLE

  1 CUCUMBER BOULEVARD, MOUNT OLIVE, NC, 28365

  Registry ID: 110002099755

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MOUNT OLIVE PICKLE COMPANY, INC.entered 2017-03-30

  Primary law: CWA

  Federal penalty: $131,856

Timeline (5 milestones)

• 2017-03-30Final Order Issued
• 2017-03-30Complaint Filed/Proposed Order
• 2017-04-04Enforcement Action Data Entered
• 2017-11-07Enforcement Action Closed
• 2017-11-07NPDES Closed