EPA v. DUNBAR FOODS CORPORATION

Case summary

9/19/17 - CONSENT AGREEMENT. ALLEGATIONS: ON FEB 9, 2016, EPA AND NCDEQ, PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSI). RESPONDENT'S STORMWATER DRAINAGE PLAN IN ITS SPPP, WHICH SERVES BOTH AS THE GENERAL LOCATION MAP AND SITE MAP, DID NOT DEPICT ANY RECEIVING WATERS INFO TO WHICH THE STORMWATER OUTFALLS DISCHARGE IN VIOLATION OF THE PERMIT. RESPONDENT'S SPPP, DATED FEB 1998, VIOLATED THE PERMIT BY FAILING TO ADDRESS THE FOLLOWING: a. THE SPPP DID NOT HAVE ANY NARRATIVE DESCRIPTION OF THE POTENTIAL OUTDOOR POLLUTANT SOURCES AND POTENTIAL POLLUTANTS ASSOCATED WITH EACH SOURCE. B. THE RUNOFF FROM THE MATERIAL STORAGE AREA IN FRONT OF WAREHOUSE 4 WAS NOT IDENTIFIED AND EVALUATED IN THE SPPP AS A POTENTIAL POLLUTANT SOURCE. C. THE INDUSTRIAL ACTIVITY ASSOCIATED WITH OUTDOOR WASHING OF THE WOODEN PALLETS WAS NOT IDENTIFIED AND EVALUATED IN THE SPPP AS A POTENTIAL POLLUTANT SOURCE. RESPONDENT'S STORMWATER DRAINAGE PLAN IN ITS SPPP, WHICH SERVES BOTH AS THE GENERAL LOCATION MAP AND SITE MAP, DID NOT DEPICT ANY SITE TOPOGRAPHY AND FINALIZED GRADE, DRAINAGE FEATURES, AND PERCENTAGE OF EACH DRAINAGE AREA THAT IS IMPERVIOUS IN VIOLATION OF THE PERMIT. THE FACILITY HAD NO ANNUAL NON-STORMWATER DISCHARGE RECERTIFICATION RECORDS IN THE PAST 5 YRS. THE FACILITY HAD NO PREVENTATIVE MAINTENANCE AND GOOD HOUSEKEPPING INSPECTION RECORDS IN VIOLATION OF THE PERMIT. THE SPPP REQUIRES THESE INSPECTIONS TO BE CONDUCTED ON A SEMI-ANNUAL SCHEDULE IN ACCORDANCE WITH THE PERMIT. HOWEVER, ANOTHER SECTION OF THE SAME SPPP REQUIRES THESE PREVENTATIVE MAINTENANCE INSPECTIONS TO BE CONDUCTED ON A MORE STRINGENT MONTHLY SCHEDULE. THE SECURITY GUARD WHO HAS THE RESPONSIBILITY OF CHECKING FOR LEAKS AND SPILLS AT NIGHT DID NOT HAVE ANY TRAINING CONCERNING SPILL RESPONSE PROCEDURES AND SPILL REPORTING. THE ROLES AND RESPONSIBILITY OF VARIOUS TEAM MEMBERS IN THE SPPP ARE OUTDATED. RESPONDENT'S SPPP, DATED FEB 1998, VIOLATED THE PERMIT BY FAILING TO AMEND, UPDATE, AND MODIFY ACCORDING TO THE FOLLOWING SITE CONDITIONS AND OPERATIONS: A. THE SPPP DOES NOT REFLECT THE CURRENT PERMIT REQUIREMENTS WHICH BECAME EFFECTIVE ON DEC 12, 2012. B. ANNUAL UPDATES HAVE NOT BEE N CONDUCTED FOR THE PAST 7 YRS. C. THE RUNOFF FROM THE MATERIAL STORAGE AREA IN FRONT OF WAREHOUSE 4 WAS NOT IDENTIFIED AND EVLUATED IN THE SPPP AS A POTENTIAL POLLUTANT SOURCE. SAMPLE COLLECTION RECORDS DID NOT HAVE ADEQUATE DOCUMENTATION OF RAINFALL DATE AND SAMPLING COLLECTION TIME. RESPONDENT EXCEED THE BENCHMARK VALUES FOR TSS AT OUTFALL 1 ON OCT 15, 2014, AND AUG 8, 2015. IN THESE 2 INSTANCES, THERE WERE NO DATES GIVEN FOR THE IMPLEMENTATION OF EROSION AND SEDIMENT CONTROL. DURING THIS 2-YR-PERIOD, THERE WERE NO STATUS REPTS ON THE EFFECTIVENESS OF EACH TIER ONE RESPONSE IN THE SPPP AND IN THE ROUTINE SITE INSPECTION REPORTS. RESPONDENT VIOLATED THE PERMIT REGARDING PROPER O&M PRACTICES. THE FOLLOWING DEFICIENCES WERE OBSERVED: - TRASH DEPOSIT WAS OBSERVED ON TOP OF MAIN STORM DRAIN; - THE CONCRETE SECONDARY CONTAINMENT FOR THE #2 DIESEL TANK HAD NO LOCK TO PREVENT PERSONNEL FROM ACCIDENTALLY OPENING THE VALVE. - USED OIL WAS DRIPPING DOWN THE SIDE OF A TANK ONTO THE GROUND AND DRAINING OUT OF THE COVERED AREA. ALSO, NO SPILL KIT WAS OBSERVED IN THE MACHINE SHOP AREA. - A CHEMICAL DRUM IN AN OPEN STORAGE AREA LACKED SECONDARY CONTAINMENT TO PREVENT SPILLS. - TWO CONTAINERS WERE USED FOR THE DISPOSAL OF REJECTED OR DAMAGED CAN PRODUCTS. HOLES WERE PUNCHED IN THE CANS TO RELEASE SWEET POTATO SYRUP, WHICH LEAKED ONTO THE GROUND AND DRAINED INTO A STORM DRAIN THAT TIED IN TO A HOLDING TANK. NO ADEQUATE CONTAINMENT OR BERM TO PREVENT CONTAMINATED STORMWATER FROM DRAINING OFFSITE. - TWO DUMPSTERS DID NOT HAVE COVERS. LAB BENCH DATA SHOWED THAT O&G SAMPLES WERE COLLECTED IN A PLASTIC BOTTLE INSTEAD OF GLASS.

Defendants (1)

• DUNBAR FOODS CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• DUNBAR FOODS CORPORATION

  1000 S FAYETTEVILLE A, DUNN, NC, 28334

  Registry ID: 110009856147

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• DUNBAR FOODS CORPORATIONentered 2017-09-19

  Primary law: CWA

  Federal penalty: $27,000

Timeline (5 milestones)

• 2017-09-19Final Order Issued
• 2017-09-19Complaint Filed/Proposed Order
• 2017-09-21Enforcement Action Data Entered
• 2017-11-02Enforcement Action Closed
• 2017-11-02NPDES Closed