EPA v. FABRICATOR'S SUPPLY, LLC

Case summary

JUNE 20, 2023 - Expedited Settlement Agreement and Final Order The undersigned representative of the United States Environmental Protection Agency (EPA) and Fabricator?s Supply, LLC, 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 March 28, 2022 representatives of EPA inspected the Respondent?s facility at 205 Airport Road, West Point, MS 39773 (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 an 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 $20,000. Respondent waives the right to: (1) contest the allegations in the Alleged Violations Form; (2) a hearing pursuant to Section 309(g)(2) of the Act, 33 U.S.C. ? 1319(g)(2); (3) appeal the Final Order; and (4) judicial review pursuant to CWA ? 309 (g)(8), 33 U.S.C. ? 1319(g)(8). The civil penalty will be due within thirty (30) days of the Effective Date of this Expedited Settlement Agreement and Final Order and shall be made in accordance with the attached Expedited Settlement Agreement Payment Instructions (Payment Instructions), incorporated herein by reference. Respondent agrees to bear its own costs and attorney's fees related to this ESA.

Defendants (1)

• FABRICATOR?S SUPPLY, LLCNamed in complaintNamed in settlement

Facilities (1)

• FABRICATOR'S SUPPLY LLC

  205 AIRPORT ROAD, WEST POINT, MS, 39773

  Registry ID: 110071251265

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• FABRICATOR'S SUPPLY, LLCentered 2023-06-20

  Primary law: CWA

  Federal penalty: $20,000

Timeline (5 milestones)

• 2023-06-20Complaint Filed/Proposed Order
• 2023-06-20Final Order Issued
• 2023-06-28Enforcement Action Closed
• 2023-06-28Enforcement Action Data Entered
• 2023-06-28NPDES Closed