EPA v. ACME BLOCK AND BRICK, INC.

Case summary

12/8/20 - INDUSTRIAL STORMWATER EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY AMOUNT OF $10,000. ALLEDGED VIOLATIONS: Section 402(p)(2)(B) of the CWA, 33 U.S.C. Section 1342(p(2)(B), and its implementing regulations at 40 C.F.R. Section 122.26(b)(14)(vi), as referenced above, require that an industrial facility discharging stormwater into a surface water of the United States must obtain an NPDES 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 EPA's industrial penalty policy, 0.5 inches during a 24-hour period is used as the benchmark for likely stormwater runoff. According to the rain data available for this area, forty-five (45) months during the period of December 2015 to April 2020 have had one or more daily rain events greater than 0.5 inches. Due to the hydrology of the Facility, which consists entirely of impervious surfaces, the EPA has determined that from December 2015 to April 2020, stormwater associated with industrial activities generally traveled to either the water conveyance along the east side of the property, parallel to the railroad track, or to the conveyance paralleling the adjacent road on the west side of the property. These conveyances direct runoff south to the section of Bacon Creek roughly 0.1 mile south of the facility. Bacon Creek then flows east to Lynn Camp Creek roughly 0.15 mile east of the facility. Lynn Camp Creek is listed as an impaired water for multiple pollutants including sediment. Respondent has violated Sections 301 of the CWA, 33 U.S.C. Section1311, by discharging stormwater from the Facility without proper authorization to waters of the United States. Pursuant to Section 309(g)(2)(A) of the Act, 33 U.S.C. ? 1319(g)(2)(A), and 40 C.F.R. ? 22.13(b), and in accordance with the EPA?s September 8, 2016 Supplemental Guidance to the 1995 Interim Clean Water Act Settlement Penalty Policy for Violations of the Industrial Stormwater Requirements, the EPA is assessing a penalty of $10,000 for the abovementioned violations

Defendants (1)

• ACME BLOCK AND BRICK, INC.Named in complaintNamed in settlement

Facilities (1)

• ACME BLOCK AND BRICK, INC.

  2421 S. MAIN STREET, CORBIN, KY, 40701

  Registry ID: 110070597054

Statutes cited

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

Enforcement conclusions (1)

• ACME BLOCK AND BRICK, INC.entered 2020-12-08

  Primary law: CWA

  Federal penalty: $10,000

Timeline (3 milestones)

• 2020-12-08Complaint Filed/Proposed Order
• 2020-12-08Final Order Issued
• 2020-12-10Enforcement Action Data Entered