EPA v. ATLAS PEAT AND SOIL, INC. / SUPERIOR MULCH, INC.

Case summary

6/25/20 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT WAS ISSUED. ORDER STATES: AT ALL TIMES RELEVANT TO THIS ACTION, THE RESPONDENTS OWNED AND/OR OPERATED A MULCH PRODUCTION FACILITY KNOWN AS SUPERIOR MULCH AND A SOIL PRODUCTION FACILITY KNOWN AS ATLAS PEAT & SOIL, BOTH LOCATED ON THE SAME PROPERTY (FACILITY). ON AUGUST 27, 2019, THE EPA ISSUED AN INSPECTION REPORT TO THE RESPONDENT. ON APRIL 13, 2020, THE EPA ISSUED A NOTICE OF POTENTIAL VIOLATION AND SECTION 308 INFORMATION REQUEST TO THE RESPONDENT. IN ACCORDANCE WITH SECTION 402(P) OF THE CWA, 33 U.S.C. SECTION 1342(P), AND ITS IMPLEMENTING REGULATIONS, BASED ON THE CSWEI AND DUE TO THE HYDROLOGY OF THE FACILITY AND HISTORIC RAINFALL DATA, THE EPA HAS DETERMINED THAT FROM THE TIME INDUSTRIAL OPERATIONS AT THE FACILITY BEGAN, TO PRESENT, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY GENERALLY DISCHARGED FROM THE FACILITY VIA SHEET FLOW AND AN UNNAMED DRAINAGE DITCH ON THE WEST SIDE OF THE FACILITY, TO AN UNNAMED WETLAND, THEN TO WCAL SOUTH SECTOR (WBID 3252E) WHICH IS AN EVERGLADES MARSH IN THE LOXAHATCHEE NATIONAL WILDLIFE REFUGE. THE UNNAMED DRAINAGE DITCH OUTFALLS TO E-1 CANAL (WBID 3262B) TO THE EAST SIDE OF THE FACILITY. THE E-1 CANAL CONNECTS TO THE C. STANLEY WEAVER CANAL WHICH CONNECTS TO BOYNTON CANAL AND THEN TO THE INTERCOASTAL WATERWAY. THE INTERCOASTAL WATERWAY IS A TRADITIONALLY NAVIGABLE WATER OF THE UNITED STATES AS DEFINED BY SECTION 502(7) OF THE CWA, 33 U.S.C. ? 1362(7) AND ITS IMPLEMENTING REGULATION 40 C.F.R. ? 122.2. THEREFORE, THE RESPONDENT HAS VIOLATED SECTIONS 301 AND 402(P) OF THE CWA, 33 U.S.C. ?? 1311 AND 1342(P), BY DISCHARGING STORMWATER WITHOUT PROPER AUTHORIZATION TO WATERS OF THE UNITED STATES.

Defendants (2)

• SUPERIOR MULCH, INC.Named in settlement
• ATLAS PEAT AND SOIL, INC.Named in settlement

Facilities (1)

• ATLAS PEAT AND SOIL

  9621 S STATE ROAD 7, BOYNTON BEACH, FL, 33472-4609

  Registry ID: 110070670667

Statutes cited

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

Enforcement conclusions (1)

• ATLAS PEAT AND SOIL, INC / SUPERIOR MULCH INC.entered 2020-06-25

  Primary law: CWA

Timeline (2 milestones)

• 2020-06-25Final Order Issued
• 2020-09-11Enforcement Action Data Entered