EPA v. RANDOLPH PACKING COMPANY

Case summary

8/8/17 - CONSENT AGREEMENT ISSUED ASSESSING A PENALTY OF $48,000, DUE WITHIN 30 DAYS. ON FEBRUARY 10, 2016, EPA AND NCDEQ PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION AT RANDOLPH PACKING TO EVALUATE THE RESPONDENTS' COMPLIANCE WITH THE REQUIREMENTS OF 301 AND 402(p) OF THTE CWA; THE REGS PROMULGATED THEREUNDER AT 40 CFR 122.26; AND THE PERMIT. AS A RESULT OF THE CSWEI, EPA HAS DETERMINED THAT FROM DEC 2011 TO NOV 2016, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITIES DISCHARGED WITHOUT PROPER AUTHORIZATION FROM THE FACILITY THRU STORMWATER DRAINS THROUGHOUT THE FACILITY SO THE DRAINAGE DITCHES WHICH ULTIMATELY DISCHARE TO HASKETT CREEK. HASKETT CREEK IS A TRIBUTARY TO THE DEEP RIVER, A TRADITIONALLY NAVIGABLE WATER OF THE U.S. AS DEFINED BY 502(7) OF TE CWA AND ITS IMPLEMENTING REG AT 40 CFR 122.2. BASED ON THE CSWEI, RESPONDENT HAS VIOLATED CWA 301 DUE TO INDUSTRIAL STORMWATER DISCHARGES NOT AUTHORIZED BY A NPDES 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 2017-08-08

  Primary law: CWA

  Federal penalty: $48,000

Timeline (5 milestones)

• 2017-08-08Complaint Filed/Proposed Order
• 2017-08-08Final Order Issued
• 2017-08-10Enforcement Action Data Entered
• 2017-09-19Enforcement Action Closed
• 2017-09-19NPDES Closed