EPA v. RAFCO FREEZE DRY INC. D/B/A RIGHT AWAY FOODS COPR.

Case summary

DATA SHEET: * STATUTE: SECTIONS 301 AND 309 OF THE CWA, 33 USC 1311 AND 1319. * RESPONDENT: RAFCO FREEZE DRY, INC. D/B/A RIGHT AWAY FOODS CORP FREEZE DRY DIV P.O. BOX 184 EDINBURG, TX 78540-0184 * VIOLATIONS: RESPONDENT DISCHARGED WASTEWATER WITHOUT AN NPDES PERMIT FOR A PERIOD OF 24 MONTHS. * PROPOSED RELIEF: REGION VI REQUESTS CIVIL PENALTIES IN THE AMOUNT OF $68,000. RECENT CONTACT WITH DEFENDANT: THE MOST RECENT MEETING W/RESPONDENT'S REPRESENTATIVES WAS HELD IN JULY 1987. SECTION III.B. OF REPORT CONTAINS A HISTORY OF PAST ADMIN. ACTIONS. * * SYNOPSIS: RAFCO FREEZE DRY, INC. IS A PROCESSOR AND PACKAGER OF FREEZE-DIRED FOOD HEADQUARTERED IN MCALLEN, TX. RAFCO'S FREEZE DRY DIVISION, LOCATED IN SAN CARLOS, TX, DISCHARGED WASTEWATER FOR A PERIOD OF APPROX 24 MOS AFTER ITS NPDES PERMIT EXPIRED. DISCHARGES CONTINUED DESPITE NOTICE BY EPA OF THE NEED TO REAPPLY FOR AN NPDES PERMIT. RAFCO HAS RECENTLY SUBMITTED A COMPLETED NPDES PERMIT APPLICATION FOR THE SAN CARLOS FACILITY. * RAFCO'S UNPERMITTED DISCHARGES ARE PARTICULARLY TROUBLESOME AS THEY EXHIBITED HIGH BOD, TSS, AND O & G CONTENTS FOR MOST OF THE 24 MONTH PERIOD. DISCHARGE MONITORING REPORTS SUB- MITTED TO THE STATE PURSUANT TO RAFCO'S TWC PERMIT REQUIRE- MENTS INDICATE A 19 MONTH PERIOD DURING WHICH THE SUBJECT FACILITY'S DISCHARGES WERE IN EXCESS OF THE EFFLUENT LIMITA- TIONS IN RAFCO'S EXPIRED NPDES PERMIT (AND ITS TWC PERMIT). * EPA REGION VI SEEKS PENALTIES IN THE AMOUNT OF $68,000 FOR VIOLATIONS BY RAFCO OF THE CWA.

Defendants (1)

• RIGHT AWAY FOODS CORP.Named in complaintNamed in settlement

Facilities (1)

• RIGHT AWAY FOODS CORP.

  1/2M W &1/4M N OF INTERSECTION, EDINBURG, TX, 78539

  Registry ID: 110010699832

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• RAFCO FREEZE DRY INC. D/B/A RIGHT AWAY FOODS COPR.entered 1993-04-15

  Primary law: CWA

  Federal penalty: $64,000

Timeline (11 milestones)

• 1987-09-30Referred To Headquarters
• 1987-09-30Enforcement Action Data Entered
• 1987-10-15Referred To Dept Of Justice
• 1987-11-23Returned To Region
• 1988-11-10Rereferred
• 1991-11-06Referred TO U.S. Attorney
• 1993-04-15Final Order Lodged
• 1993-04-15Final Order Entered
• 1993-04-15Complaint Filed With Court
• 1993-04-15Concluded
• 1993-04-29Enforcement Action Closed