EPA v. Westside Nurseries

Case summary

An inspection and follow-up information request revealed that Westside Nurseries did not have an NPDES permit or sufficient containment to hold runoff from a 25-year, 24-hour rainfall event. Runoff modeling by the EPA further established that the CAFO had discharged in the past five years and will discharge again in violation of the CWA. Respondent volunteered to apply for an NPDES permit and build additional runoff containment structures. We sought this order on consent to formalize Respondent?s current intentions, lock them into an enforceable schedule, and provide the EPA with ongoing information about the status of the facility. In the order, Respondent agreed to apply for an NPDES permit within 30 days of signing, to provide regular updates on construction until complete, and to obtain the permit and complete construction of all additional runoff control features by October 16, 2023.

Defendants (1)

• Westside Nurseries IncNamed in complaintNamed in settlement

Facilities (1)

• WESTSIDE NURSERIES

  2723 MONROE AVENUE, SHELDON, IA, 51201

  Registry ID: 110070349967

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• Westside Nurseriesentered 2023-02-27

  Primary law: CWA

Timeline (5 milestones)

• 2023-02-27Complaint Filed/Proposed Order
• 2023-02-27Final Order Issued
• 2023-03-07Enforcement Action Data Entered
• 2023-11-14NPDES Closed
• 2023-11-14Enforcement Action Closed