EPA v. RE-TEK, INC.

Case summary

20201112 - INDUSTRIAL STORMWATER EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A TOTAL PENALTY AMOUNT OF $20,000. RESPONDENT SHALL MAKE PAYMENT WITHIN 30 DAYS. ALLEGED VIOLATIONS: On September 12, 2019, the EPA issued an Inspection Report to the Respondent. During the CSWEI, the EPA inspectors observed the following: A. The facility had outdoor industrial processes, including but not limited to, loading and unloading operations, material storage, product storage, and equipment fueling and maintenance activities with potential exposure and contribution to stormwater contamination. B. The facility had a process water outfall, from the shredder building, discharging to the ground outside of the building where it commingles with stormwater runoff and discharges to waters of the United States. C. The Facility is a waste rubber recycling operation (SIC Code 5093) but has not submitted an NOI for coverage under the existing Permit. The EPA?s industrial stormwater guidance anticipates potential discharges from an industrial site to occur with rain events greater than 0.1 inch. In the EPA?s industrial penalty policy, 0.5 inches during a 24-hour period is used as the general benchmark for likely stormwater runoff. According to the rain data available for this area, every month during the period of May 2015 to April 2020 has had one or more daily rain events greater than 0.5 inches. Due to the hydrology of the Facility in which significant portions of the site are covered in impervious surfaces and/or tightly packed material, the EPA has determined that from May 2015 to April 2020 stormwater associated with Re-Tek's industrial activities were directed to either one of the water conveyances along the northeast or southwest sides of the facility. These conveyances direct runoff to the two unnamed tributaries along the north and south sides of the property. These unnamed tributaries connect into another unnamed tributary roughly half a mile east of the facility which flows south for roughly 2.5 miles where it connects with Pond Creek. Both the unnamed tributaries and Pond Creek down stream of the facility are impaired for a number of pollutants including, but not limited to, sediment, metals, and salts. Respondent has violated Sections 301 of the CWA, 33 U.S.C. ? 1311, by discharging stormwater from the Facility without proper authorization to waters of the United States.

Defendants (1)

• RE-TEK, INC.Named in complaintNamed in settlement

Facilities (1)

• RE-TEK INC

  3320 CLEATON RD, CENTRAL CITY, KY, 42320

  Registry ID: 110070603976

Statutes cited

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

Enforcement conclusions (1)

• RE-TEK, INC.entered 2020-11-12

  Primary law: CWA

  Federal penalty: $20,000

Timeline (3 milestones)

• 2020-11-12Complaint Filed/Proposed Order
• 2020-11-12Final Order Issued
• 2020-11-19Enforcement Action Data Entered