EPA v. MAREL, INC.

Case summary

1/8/20-CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $150,000, DUE WITHIN 30 DAYS. ALLEGATIONS: A. NEW SOURCE FAILURE TO INSTALL AND OPERATE PRETREATMENT EQUIPMENT PRIOR TO DISCHARGE. PURSUANT TO 40 CFR 403.6(b), DISCHARGE FROM RESPONDENT TO A POTW IS SUBJECT TO BOTH THE FEDERAL CATEGORICAL PRETREATMENT STANDARDS IN 40 CFR PART 433 AND LOCAL PRETREATMENT STANDARDS. RESPONDENT IS A NEW SOURCE, AS DEFINED IN 40 CFR 403.3(m), BECAUSE THE STANDARDS APPLIED TO THE FACILITY AFTER AUG 31, 1982, WHEN EPA PUBLISHED PROPOSED PRETREATMENT STANDARDS FOR PART 433. RESPONDENT WAS THUS REQUIRED TO INSTALL AND HAVE IN OPERATING CONDITION ALL POLLUTION CONTROL EQUIPMENT NECESSARY TO MEET APPLICABLE PRETREATMENT STANDARDS, INCLUDING THOSE IN 40 CFR PART 433, PRIOR TO BEGINNING DISCHARGE TO THE POTW. RESPONDENT DID NOT INSTALL ALL SUCH NECESSARY POLLUTION CONTROL EQUIPMENT PRIOR TO BEGINNING DISCHARGE OF REGULATED WASTESTREAMS TO THE POTW IN 2000 AND, IN CONTINUING VIOLATION OF 40 CFR 403.6(b), HAD NOT INSTALLED SUCH EQUIPMENT BY TIME IT ELECTED TO CEASE DISCHARGE TO THE POTW IN EARLY AUG 2016 FOLLOWING INSPECTION BY EPA. B. FAILURE TO SUBMIT A BASELINE MONITORING REPORT IN VIOLATION OF 40 CFR 403.12(b). AT LEAST 90 DAYS PRIOR TO COMMENCEMENT OF DISCHARGE, A NEW SOURCE IS REQUIRED TO SUBMIT TO THE CONTROL AUTHORITY A REPORT WHICH CONTAINS THE INFORMATION LISTED IN 40 CFR 403.12(b)(1)-(5), AS WELL AS INFORMATION ON THE METHOD OF PRETREATMENT THE SOURCE INTENDS TO SUE TO MEET APPLICABLE PRETREATMENT STANDARDS AND TO MAINTAIN RECORD OF THE REPORT, PER 40 CFR 403.12(d), 403.12(g), 403.12(l), AND 403.12(o). RESPONDENT DID NOT SUBMIT THE REQUIRED BASELINE REPORT TO GAINESVILLE, NOR DID RESPONDENT MAINTAIN THE REQUIRED RECORD DEMONSTRATING ITS COMPLIANCE WITH THE BASELINE REPORTING REQUIREMENT. C. FAILURE TO SUBMIT 90-DAY REPORT IN VIOLATION OF 40 CFR 403.12(d). WITHIN 90 DAYS AFTER COMMENCING A DISCHARGE TO A POTW, A NEW SOURCE IS REQUIRED TO REPORT TO THE CONTROL AUTHORITY AND MAINTAIN RECORD OF THE SELF-MONITORING INFORMATION ON ITS COMPLIANCE WITH STANDARDS, PER 40 CFR 403.12(d), 403.12(g), 403.12(l), AND 403.12(o). 90 DAYS AFTER COMMENCING A CATEGORICAL DISCHARGE TO THE POTW IN 2000, RESPONDENT DID NOT SUBMIT A REPORT TO GAINESVILLE OF ITS INITIAL COMPLIANCE WITH THE PRETREATMENT STANDARDS IN 40 CFR 433.17. RESPONDENT ALSO DID NOT MAINTAIN THE REQUIRED RECORD DEMONSTRATING ITS INITIAL COMPLIANCE WITH THESE PRETREATMENT STANDARDS. D. FAILURE TO SUBMIT PERIODIC REPORTS ON CONTINUED COMPLIANCE WITH CATEGORICAL STANDARDS IN VIOLATION OF 40 CFR 403.12(e). PURSUANT TO 40 CFR 403.12(e), 403.12(g), 403.12(l), AND 403.12(o), ANY INDUSTRIAL USER SUBJECT TO CATEGORICAL PRETREATMENT STANDARDS MUST SUBMIT TO THE CONTROL AUTHORITY, AND MAINTAIN RECORDS OF, ADDITIONAL, PERIODIC COMPLIANCE REPORTS AT LEAST TWICE A YEAR ON COMPLIANCE WITH CATGORICAL STANDARDS AND OTHER INFORMATION. AFTER COMMENCING CATEGORICAL DISCHARGE IN 2000 UNTIL ELECTING ON HOLD DISCHARGE IN EARLY AUG 2016, RESPONDENT HAD NOT SUBMITTED TO GAINESVILLE, OR MAINTAINED RECORD OF, SUCH SELF-MONITORING REPORTS OF ITS COMPLIANCE WITH 40 CFR 433.17 PRETREATMENT STANDARDS.

Defendants (1)

• MAREL, INC.Named in complaintNamed in settlement

Facilities (1)

• MAREL STORK POULTRY PROCESSING INC

  1024 AIRPORT PARKWAY, GAINESVILLE, GA, 30501

  Registry ID: 110000358238

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• MAREL, INC.entered 2020-01-08

  Primary law: CWA

  Federal penalty: $150,000

Timeline (3 milestones)

• 2020-01-08Final Order Issued
• 2020-01-08Complaint Filed/Proposed Order
• 2020-02-24Enforcement Action Data Entered