EPA v. MOUNT OLIVE PICKLE COMPANY, INC.

Case summary

3/3/17 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT. ON FEB 10, 2016, EPA AND NCDEQ PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT RESPONDENT'S FAICLITY TO EVALUATE 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: A. 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. FACILITY IS A FOOD AND KINDRID PROCESSOR (SIC CODE 2035)AND IN ACCORDANCE WITH 40 CFR 122.26(b)(14)(xi), STORMWATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR WHICH THE PERMIT IS REQUIRED, INCLUDES DISCHARGE FROM FACILITIES IDENTIFIED BY THIS SIC CODE. C. FAICLITY INDICATED IT FAILED TO SUBMIT AN NOI SEEKING COVERAGE UNDER THE PERMIT. ON JUNE 28, 2016, EPA ISSUED A NOTICE OF VIOLATION, INSPECTION REPORT, AND OPPORTUNITY TO SHOW CAUSE. ON JULY 6, 2016, RESPONDENT SUBMITTED AN NOI TO NCDEQ REQUESTING COVERAGE AT THE FACILITY UNDER THE PERMIT. NCDEQ ISSUED TO RESPONDENT A CERTIFICATE OF COVERAGE (COC) UNDER THE PERMIT ON OCT 14, 2016. ON AUG 12, 2016, A SHOW CAUSE MEETING WAS HELD. EPA HAS DETERMINED THAT 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 ON CUCUMBER BLVD AND THRU SHEET FLOW ALONG THE MATERIAL STORAGE AREA ON THE WESTERN SIDE OF THE PROPERTY BY THE NATIONAL GUARD ARMORY, AND ALONG THE WESTERN SIDE 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 SYSTEM (MS4), WHICH ULTIMATELY DISCHARGES TO BARLOW BRANCH. BARLOW BRANCH, A WATER OF THE U.S., IS A TRIBUTARY TO THE NORTHEAST CAP FEAR RIVER, WHICH IS AI NAVIGABLE WATER AND A WATER OF THE U.S. THEREFORE, RESPONDENT VIOLATED CWA 301 BY DISCHARGING STORMWATER W/OUT PROPER AUTHORIZATION TO WATERS OF THE U.S.

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

Enforcement conclusions (1)

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

  Primary law: CWA

Timeline (4 milestones)

• 2017-03-03Final Order Issued
• 2017-03-15Enforcement Action Data Entered
• 2017-11-07NPDES Closed
• 2017-11-07Enforcement Action Closed