EPA v. EMILIA RESOURCES, LLC

Case summary

5/26/17 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. FINDINGS: ON NOV 9, 2016, REPRESENTATIVES OF EPA, IN CONJUNCTION WITH MDEQ, PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT RESPONDENT'S FACILITY TO EVALUATE RESPONDENT'S COMPLIANCE WITH THE REQUIREMENTS OF CWA 301; THE REGS PROMULGATED THEREUNDER AT 40 CFR 122.26; AND THE PERMIT. ON FEB 2, 2017, EPA ISSUED AN INSPECTION REPORT TO RESPONDENT. DURING THE CSWEI, EPA INSPECTORS OBSERVED, AMONG OTHER THINGS, THE FOLLOWING: A. THE FACILITY HAD OUTDOOR INDUSTRIAL PROCESSES, INCLUDING BUT NOT LIMITED TO, OUTDOOR WASTE MATERIAL STORAGE IN OPEN BARRELS, OPEN-TOP DUMPSTERS, AND GENERAL HOUSEKEEPING ISSUES WITH POTENTIAL EXPOSURE AND CONTRIBUTION TO STORMWATER CONTAMINATION. B. THE FACILITY IS A PHARMACEUTICAL MANUFACTURING FACILITY (SIC CODE 2834), BUT HAS NOT SUBMITTED A BNOI FOR COVERAGE UNDER THE EXISTING PERMIT OR OBTAINED A NO EXPOSURE CERTIFICATION. IN ACCORDANCE WITH CWA 402(p) AND ITS IMPLEMENTING REGS, BASED ON THE CSWEI AND DUE TO THE HYDROLOGY OF THE FACILITY AND HISTORIC RAINFALL DATA, EPA HAS DETERMINED THAT FROM APR 2014 TO PRESENT, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY GENERALLY DISCHARGED FROM THE FACILITY BY SHEET FLOW OVER THE CONCRETE AREA SOUTH OF THE WAREHOUSE TO THE VEGETATED DITCHES WEST AND SOUTH OF THE WAREHOUSE BLDG OR THRU STORMWATER DRAINS LOCATED NEAR THE LOADING DOCKS OF THE WAREHOUSE WHICH DISCHARGE TO THE VEGETATED DITCHES. THE VEGETATED DITCHES AROUND THE FACILITY ULTIMATELY DRAIN TO AN UNNAMED TRIBUTARY TO HULL BRANCH. HULL BRANCH IS A TRIBUTARY OF THE SUCARNOOCHEE RIVER, A TRADITIONALLY NAVIGABLE WATER OF THE U.S. THEREFORE, RESPONDENT VIOLATED CWA 301 BY DISCHARGING STORMWATER W/OUT PROPER AUTHORIZATION TO WATERS OF THE U.S. RESPONDENT HEREBY AGREES AND CONSENTS TO: A. RESPONDENT SHALL CEASE ALL UNAUTHORIZED DISCHARGES OF STORMWATER FROM INDUSTRIAL ACTIVITY FROM THE FACILITY TO WATERS OF THE U.S. W/OUT AN NPDES PERMIT WITHIN 90 DAYS. B. IF RESPONDENT CHOOSES TO COMPLY BY CEASING ALL DISCHARGES, RESPONDENT SHALL: - SUBMIT, WITHIN 30 DAYS, A NO EXPOSURE CERTIFICATION (NEC) TO MDEQ AFTER ALL CONDITIONS OF NO EXPOSURE FOR INDUSTRIAL ACTIVITIES, PRODUCTS, MATERIALS, AND EQUIPMENT ARE OBTAINED, AND SIMULTANEOUSLY SUBMIT A COPY OF THE NEC AND PROOF OF SUBMISSION TO EPA. - SUBMIT TO EPA CONFIRMATION THAT THE NEC WAS DEEMED ACCEPTABLE TO MDEQ WITHIN 90 DAYS. C. IF RESPONDENT INTENDS TO COMPLY BY OBTAINING A CWA NPDES PERMIT THAT AUTHORIZES DISCHARGES, RESPONDENT SHALL: - REPORT TO EPA ON THE SUBMISSION OF A BNOI AND ASSOCIATED DOCUMENTS TO MDEQ WITHIN 30 DAYS AND SIMULTANEOUSLY SUBMIT A COPY OF THE BNOI AND PROOF OF SUBMISSION TO EPA. - SUBMIT A COPY OF THE FACILITY'S REVISED STORMWATER POLLUTIO PREVENTION PLAN TO EPA WITHIN 30 DAYS. - SUBMIT TO EPA CONFIRMATION THAT THE BNOI SUBMITTED FOR THE FACILITY WAS DEEMED ACCEPTABLE TO MDEQ WITHIN 90 DAYS.

Defendants (1)

• EMILIA RESOURCES, LLCNamed in settlement

Facilities (1)

• EMILIA RESOURCES

  14214 HIGHWAY 16 W., DE KALB, MS, 39328

  Registry ID: 110070018407

Statutes cited

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

Enforcement conclusions (1)

• EMILIA RESOURCES, LLCentered 2017-05-26

  Primary law: CWA

Timeline (4 milestones)

• 2017-05-26Final Order Issued
• 2017-06-28Enforcement Action Data Entered
• 2018-02-07Enforcement Action Closed
• 2018-02-07NPDES Closed