EPA v. IBP, INC., A DELAWARE CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. IBP, INC., A DELAWARE CORPORATION FM 323, APROX. 2 MILES SE OF THE CITY PALESTINE, ANDERSON COUNTY, TEXAS 75802 3. RESPONDENT WAS IN VILATION OF SECTION 301 OF THE CWA BY 1) FAILING TO SIGN AND CERTIFY THE STORMWATER POLLUTION PLAN, 2) FAILING TO DEVELOP A SITE DRAINAGE MAP, 3) MIS- REPRESENTING IN THE POLLUTION PREVENTION PLAN THE POTENT- IAL FOR THE LIVE ANIMAL HOLDING PENS TO BE EXPOSED TO STORMWATER, 4) FAILING TO ADDRESS STORMWATER CROSS-CON- NECTIONS TO THE WASTEWATER TREATMENT SYSTEM, AND RETURN IRRIGATION WATER IN THE TAILWATER CONTROL PONDS, BOTH OF WHICH ROUTINELY RESULT IN THE DISCHARGE OF POLLUTANTS FROM THE FACILITY DURING RAIN EVENTS, 5) FAILING TO DEVE- LOP AND IMPLEMENT CONTROLS FOR PROCESS WASTEWATER DIS- CHARGES IN THE STORMWATER STREAMS AT THE PLANT AND IN THE WASTEWATER IRRIGATION FIELDS, 6) FAILING TO PROVIDE DOCU- MENTATION THAT ANY EMPLOYEE TRAINING HAD OCCURRED, 8) FAILING TO PROVIDE THE REQUIRED CERTIFICATION, AND 9) AL- LOWING DISCHARGES TO OCCUR WITHOUT AUTHORIZATION OF AN NPDES PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RESPOND- ENT TO: A) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE AO TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED, B) WITHIN 30 DAYS OF TH AO, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED AND EXPLAINING WHY SUCH ACTIONS ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT RECURRENCE OF THE VIOLATIONS, C) IF THE RESPONDENT BELIEVES COMPLETE CORRECTION OF THE VIOLA- TIONS IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A DETAILED SCHEDULE FOR ELIMINATION AND PREVENTION OF RECURRENCE OF THE VIOLATIONS IN THE SHORT- EST TIME POSSIBLE, D) WITH 45 DAYS OF THE AO, ARRANGE TO TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• IBP, INC.Named in complaintNamed in settlement

Facilities (1)

• IBP INC

  FM 323, 2 M SE OF PALESTINE, PALESTINE, TX, 75802

  Registry ID: 110010654657

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• IBP, INC.entered 1998-01-30

  Primary law: CWA

Timeline (4 milestones)

• 1998-01-30Complaint Filed/Proposed Order
• 1998-01-30Final Order Issued
• 1998-02-05Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed