EPA v. Luckey Custom Feedlot AO

Case summary

On September 21, 2022, an inspector from EPA Region 6 inspected the facility and observed the following permit violations: a) Failure to Properly Dispose of Carcasses: Carcasses were observed exposed to the elements and susceptible to predation. Respondent violated Part III.A.2.a.vi. of the general permit by failing to ?Properly dispose of dead animals within three (3) days unless otherwise provided by the Director.? b) Failure to store manure within the drainage area of a Retention Control Structure (RCS): Runoff at the manure stockpile was not directed to the RCS and was seen entering the adjacent field. Respondent violated Part III.A.9.b. of the general permit that states that ?manure or sludge stored for more than 30 days must be stored within the drainage area of a RCS or stored in a manner (i.e. storage shed, bermed area, tarp covered area, etc.) that otherwise prevents contaminated stormwater runoff from the storage area.?

Defendants (1)

• Mr. Colby RodarteNamed in complaintNamed in settlement

Facilities (1)

• LUCKEY CUSTOM FEEDLOT

  2242 FM 3176, DEVINE, TX, 78016-4569

  Registry ID: 110020833071

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Luckey Custom Feedlot AOentered 2023-01-27

  Primary law: CWA

Timeline (6 milestones)

• 2023-01-27Final Order Issued
• 2023-01-27Complaint Filed/Proposed Order
• 2023-02-01NPDES Closed
• 2023-02-01Enforcement Action Data Entered
• 2024-06-24Pipeline Closed
• 2024-06-24Enforcement Action Closed