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

Case summary

AUGUS 22, 2022 - CONSENT AGREEMENT 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), as identified by Standard Industrial Classification (SIC) Codes 2875 and 2499, and located at 9621 State Road 7, Boynton Beach, Florida, at latitude 26.533638 and longitude -80.207979. The Facility, which began operations in May 1989, has outdoor raw material storage, outdoor mixing and grinding operations, fuel storage, a fleet of trucks, and some equipment staging. Consent Agreement and Final Order, As a State authorized to implement the CWA NPDES Program, Florida issued to Respondents a Florida Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity pursuant to Florida Administrative Code 62-621.300(5). The Permit (FLR05I452) was issued November 9, 2019. Coverage under the Permit is obtained by submitting a Notice of Intent (NOI) to FDEP. A notice of intent was submitted to FDEP on November 6, 2019. On July 8, 2019, the EPA and FDEP performed a Compliance Stormwater Evaluation Inspection (CSWEI) to evaluate Respondents? treatment and disposal of stormwater at the Facility to assess compliance with the CWA, the regulations promulgated thereunder at 40 C.F.R. ? 122.26, and the Permit. During the CSWEI of the Facility, EPA?s inspectors observed: (a) Outdoor raw material storage, outdoor grinding and mixing operations, fuel storage, a fleet of trucks, and equipment staging with several drainage ditches containing tannic colored water. (b) The Facility is a mulch production facility (SIC Code 2499 and 2875) but had not submitted an NOI for coverage under the existing Permit or obtained a No Exposure Certification. On April 13, 2020, the EPA sent a Notice of Potential Violation and Information Request Letter (?Information Request?), pursuant to Section 308 of the CWA, 33 U.S.C. ? 1318, to Respondents requesting information related to Respondents? treatment and disposal of stormwater at the Facility to assess compliance with the CWA, the regulations promulgated thereunder at 40 C.F.R. ? 122.26, and the Permit. Respondents? responses to the Information Request stated that operations began in 1989 and the applicable SIC codes are 2499 and 2875. On June 11, 2020, the Respondents signed an Administrative Order on Consent.

Defendants (2)

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

Facilities (1)

• ATLAS PEAT & SOIL, INC., SUPERIOR MULCH, INC.

  9621 STATE ROAD 7, BOYNTON BEACH, FL, 33437

  Registry ID: 110061206519

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ATLAS PEAT & SOIL, INC., AND SUPERIOR MULCH, INC.,entered 2022-08-22

  Primary law: CWA

  Federal penalty: $53,500

Timeline (5 milestones)

• 2021-09-14Enforcement Action Data Entered
• 2022-08-22Final Order Issued
• 2022-08-22Complaint Filed/Proposed Order
• 2022-09-13Enforcement Action Closed
• 2022-09-13NPDES Closed