EPA v. IBP, INCORPORATED, A FOREIGN PROFIT CORPOTATION

Case summary

1. SECTION 309 OF THE CLEAN WATER ACT ( CWA) , 33 U.S.C. SECTION 1319. 2. IBP, INCORPORATED, A FOREIGN PROFIT CORPORATION 2 MILES SOUTHEAST OF PALESTINE ON FM 323 PALESTINE, ANDERSON COUNTY, TEXAS 75802 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY: 1) NUMEROUS UNAUTHORIZED DISCHARGES OF PROCESS WASTEWATER FROM ITS FACILITY WITHOUT AN NPDES PERMIT SINCE 1992; 2) FAILURE TO OBTAIN AN NPDES DISCHARGING PERMIT; AND 3) THE COMMINGLING OF STORM WATER WITH PROCESS WASTWATER SYSTEMS. FURTHER, IBP VIOLATED SECTION 301 AND ITS NPDES STORM WATER MULTI-SECTOR GENERAL PERMIT FOR INDUSTRIAL ACTIVITY BY: 1) FAILING TO CONDUCT QUARTERLY MONITORING STORM WATER DISCHARGES DURING SEPT. 29, 1996 THROUGH SEPT. 29, 1997; 2) FAILING TO CONDUCT THE QUARTERLY VIS- UAL EXAMINATIONS DURING BOTH THE SECOND AND THIRD QUAR- TERS OF 1997; 3) FAILING TO SIGN AND CERTIFY THE STORM WATER POLLUTION PLAN; 4) FAILING TO DEVELOP A SITE DRAIN- AGE MAP; 5) FAILING TO ADDRESS STORM WATER CROSS CONNECT- IONS TO THE WASTEWATER TREATMENT SYSTEM AND RETURN IRRI- GATION WATER IN THE TAILWATER CONTROL PONDS; 6) FAILING TO DEVELOP AND IMPLEMENT CONTROLS FOR PROCESS WASTEWATER DISCHARGES IN THE STORM WATER STREAMS AT THE PLANT AND IN THE WASTEWATER IRRIGATION FIELDS; 7) FAILING TO PROVIDE DOCUMENTATION THAT ANY EMPLOYEE TRAINING HAD OCCURRED; AND 8) FAILING TO PROVIDE THE REQUIRED CERTIFICATION THAT THE DISCHARGE HAS BEEN TESTED OR EVALUATED FOR THE PRE- SENCE OF NON-STORM WATER DISCHARGES. 4. RELIEF SOUGHT PURSUANT TO SECTION 309 OF THE CWA, EPA RE- FERRED THIS DIRECT REFERRAL REQUESTING THAT DOJ INITIATE A CIVIL ENFORCEMENT ACTION FOR INJUNCTIVE RELIEF AND OTHER RELIEF AGAINST THE VIOLATOR. SINCE IBP IS NO LONGER OPERATIVE, THIS REFERRAL SEEKS AN INJUNCTION REQUIRING PROPER CLOSURE OF THE FACILITY, AS WELL AS ANY POTENTIAL RELIEF PERMITTED UNDER THE CWA. THE PROPOSED BOTTOM LINE PENALTY IS $1,300,000.

Defendants (1)

• IBP, INCORPORATEDNamed 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 2002-05-16

  Primary law: CWA

  Federal penalty: $501,230

Timeline (6 milestones)

• 1999-09-23Referred To Dept Of Justice
• 1999-10-04Enforcement Action Data Entered
• 2001-10-12Complaint Filed With Court
• 2001-10-12Final Order Lodged
• 2002-05-16Concluded
• 2002-05-16Final Order Entered