Skip to main content
08-2012-0107Administrative - FormalClosedFY 2012· Region 08

EPA v. SMITHCO INCORPORATED

Final Order With Penalty

Case summary

RESPONDENT FAILED TO COMPLY WITH ITS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM'S (NPDES) STORM WATER PERMIT.EPA performed an inspection of SmithCo’s construction site in Fargo, North Dakota, on May 23, 2012. The violations observed at the site include failing to obtain permit coverage prior to site disturbance (resulting in a presumed discharge without a permit), failing to maintain a complete stormwater pollution prevention plan, failing to conduct inspections, and failing to maintain best management practices to in order to minimize discharges of sediment and other pollutants.

Defendants (2)

  • SMITHCO INCORPORATEDNamed in complaintNamed in settlement
  • DAN SMITHNamed in complaintNamed in settlement

Facilities (1)

  • SMITHCO CONSTRUCTION

    1931 42ND STREET SOUTH, FARGO, ND, 58102

    Registry ID: 110054073373

Statutes cited

  • CWA 301/402NPDES Permit Violations

Enforcement conclusions (1)

  • SMITHCO INCORPORATEDentered 2012-09-28

    Primary law: CWA

    Federal penalty: $5,450

Timeline (4 milestones)

  • 2012-08-17Complaint Filed/Proposed Order
  • 2012-09-04Enforcement Action Data Entered
  • 2012-09-28Final Order Issued
  • 2013-01-23Enforcement Action Closed

Case metadata

EPA activity ID
3000054975
Case number
08-2012-0107
Lead agency
EPA
EPA region
08
Voluntary self-disclosure
No
Primary statute
NPDES Permit Violations

Sourced verbatim from EPA ECHO Enforcement Case Report for case 08-2012-0107 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.