EPA v. CARGILL, INC.

Case summary

12/5/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $75,500, DUE WITHIN 30 DAYS. BASED ON A CSWEI AND DUE TO THE HYDROLOGY OF THE FACILITY AND HISTORIC RAINFALL DATA, EPA HAS DETERMINED THAT FROM SEPT 2012 TO MARCH 2016, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITIES DISCHARGED TO LOCKS CREEK, A TRIBUTARY OF THE CAPE FEAR RIER. THE CAP FEAR RIVER IS A TRADITIONALLY NAVIGABLE WATER OF THE U.S. THIS DISCHARGE OCCURRED WHILE THE FACILITY WAS IN VIOLATION OF HTE PERMIT. THEREFORE, RESPONDENT HAS VIOLATED CWA 301.

Defendants (1)

• CARGILL, INC.Named in complaintNamed in settlement

Facilities (2)

• FAYETTEVILLE PLANT

  1579 UNDERWOOD RD, FAYETTEVILLE, NC, 28312

  Registry ID: 110009849968

• FAYETTEVILLE PLANT

  1579 UNDERWOOD RD, FAYETTEVILLE, NC, 28312

  Registry ID: 110009849968

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CARGILL, INC.entered 2017-12-05

  Primary law: CWA

  Federal penalty: $75,500

Timeline (5 milestones)

• 2017-12-05Complaint Filed/Proposed Order
• 2017-12-05Final Order Issued
• 2017-12-18Enforcement Action Data Entered
• 2018-01-16Enforcement Action Closed
• 2018-01-16NPDES Closed