EPA v. MHC OPERATING LIMITED PARTNERSHIP/BURNS HARBOR FACILITY

Case summary

THE U.S. EPA UNDERTOOK A COMPLIANCE EVALUATION INSPECTION AT BURNS HARBOR ON MARCH 13, 1995, WHICH UNCOVERED A NUMBER OF VIOLATIONS OF MHC'S NPDES PERMIT. THESES VIOLATIONS BECAME THE SBUJECT OF A FINDINGS OF VIOLATIONS AND COMPLIANCE ORDER THAT WAS ISSUED TO BURNS HARBOR ON SEPTEMBER 29,1995. DESP ITE ASSURANCES BY MHC IN CORRESPONDENCE IN MEETINS WITH U.S. EPA, MHC HAS TO HTIS DAY BEEN UNABLE TO COME INTO COMPLIANC E WITH THE PERMIT'S EFFLUENT LIMITATIONS. U.S.EPA BELIEVES THAT THE ONLY WAY TO ASSURE THAT MHC WILL COME INTO COMPLIAN CE WITH ITS PERMIT IS TO ADDITIONAL REMEDIAL ACTIONS OUTLINE D IN THE REFERRAL. IN ADDITION, BURNS HARBOR SHOULD PAY A C IVIL PENALTY IN EXCESS OF $242,000.

Defendants (1)

• MHC OPERATING LIMITED PARTNERSHIP/BURNSNamed in settlement

Facilities (1)

• BURNS HARBOR ESTATES MOBILE HOME PARK

  ONE CANTERBURY CIRCLE, CHESTERTON, IN, 46304

  Registry ID: 110064111223

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (2)

• BURNS HARBOR ESTATES MOBILE HOME PARKentered 2000-10-30

  Primary law: CWA

  Federal penalty: $765,000

• MHC OPERATING LIMITED PARTNERentered 2000-10-30

  Primary law: CWA

  Federal penalty: $765,000

Timeline (5 milestones)

• 1997-09-29Referred To Dept Of Justice
• 1997-10-23Enforcement Action Data Entered
• 2000-08-28Final Order Lodged
• 2000-08-28Complaint Filed With Court
• 2000-10-30Final Order Entered