EPA v. STERLING ENGINEERING AND FABRICATION, INC.

Case summary

DECEMBER 15, 2022 - Expedited Settlement Agreement and Final Order Pursuant to Clean Water Act Section 309(g)(2)(A) The undersigned representative of the United States Environmental Protection Agency (EPA) and Sterling Engineering and Fabrication Inc., a corporation, (Respondent) enter into this Expedited Settlement Agreement (ESA or Agreement) to resolve Respondent?s civil penalty liability for allegedly discharging industrial stormwater without a permit at the Site. On 10/19/2021, representatives of the EPA inspected the Respondent?s facility at 101 Jerry Dowd Drive, Carrollton, GA 30117 (Site). Observations indicated operations at the facility were responsible for allegedly discharging industrial stormwater without a permit at the Site. Based on information obtained during the EPA inspection, the EPA finds that: (1) Respondent, who is the owner and operator of the Site, discharged industrial stormwater from the Site without authorization by any permit issued pursuant to the Clean Water Act (Act) in violation of Section 301 of the Act, 33 U.S.C. ? 1311]; (2) Respondent is a ?person? as defined in Section 502(5) of the Act, 33 U.S.C. ? 1362(5); and (3) Respondent is responsible for the alleged violations specified in the attached Industrial Stormwater Non-Filer Inspection Findings, Alleged Violations, and Proposed Penalty Form (Alleged Violations Form). The Alleged Violations Form is hereby incorporated into this Agreement by reference. The EPA also finds, and Respondent admits, that the EPA has jurisdiction over this matter pursuant to Section 309(g) of the Act, 33 U.S.C. ? 1319(g). Respondent neither admits nor denies the factual allegations alleged in the Alleged Violations Form. The EPA is authorized to enter into this Agreement under the authority vested in the Administrator by Section 309(g) of the Act, 33 U.S.C. ? 1319(g), and by 40 C.F.R. ? 22.13(b) and ? 22.18. Respondent consents to the assessment of a civil penalty and agrees to pay $10,000.

Defendants (1)

• STERLING ENGINEERING AND FABRICATION, INC.Named in complaintNamed in settlement

Facilities (1)

• STERLING ENGINEERING & FABRICATION

  101 JERRY DOWD DR, CARROLLTON, GA, 30117

  Registry ID: 110070338135

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• STERLING ENGINEERING AND FABRICATION, INC.entered 2022-12-15

  Primary law: CWA

  Federal penalty: $10,000

Timeline (5 milestones)

• 2022-12-15Complaint Filed/Proposed Order
• 2022-12-15Final Order Issued
• 2023-01-05Enforcement Action Data Entered
• 2023-01-09NPDES Closed
• 2023-01-09Enforcement Action Closed