EPA v. MISSOURI MACHINE AND PLOW, LLC

Case summary

FEBRUARY 15, 2023 - Expedited Settlement Agreement and Final Order On10/21/2021, representatives of the EPA inspected the Respondent?s facility at 807 West Ave, Cedartown, GA 30125 (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 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, 33 U.S.C. ? 1319(g), and by ?? 40 C.F.R. ? 22.13(b) and 22.18.

Defendants (1)

• MISSOURI MACHINE AND PLOW, LLCNamed in complaintNamed in settlement

Facilities (1)

• MISSOURI MACHINE & PLOW, LLC.

  807 WEST AVENUE, CEDARTOWN, GA, 30125

  Registry ID: 110070282379

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MISSOURI MACHINE AND PLOW, LLCentered 2023-02-15

  Primary law: CWA

  Federal penalty: $10,000

Timeline (4 milestones)

• 2023-02-15Final Order Issued
• 2023-02-15Complaint Filed/Proposed Order
• 2023-02-21Enforcement Action Closed
• 2023-03-28Enforcement Action Data Entered