EPA v. YOTA YARD INCORPORATED

Case summary

RESPONDENT HAD NOT SOUGHT OR OBTAINED AUTHORIZATION FROM CDPHE TO DISCHARGE STORMWATER FROM THE SITE UNDER THE APPLICABLE GENERAL PERMIT OR ANY INDIVIDUAL PERMIT. The EPA promulgated stormwater regulations in 1990 and 1999, in response to 1987 amendments to the Clean Water Act (CWA). On June 3, 2011, inspectors from the EPA conducted a CWA National Pollutant Discharge Elimination System (NPDES) stormwater inspection of Yota Yard, Inc. (Respondent) located at 3134 Walnut St., Denver, Colorado 80216. At the time of the inspection, the Respondent had not sought or obtained authorization from the Colorado Department of Public Health and Environment (CDPHE) to discharge stormwater from the site under the applicable general permit or any individual permit. The EPA alleged that the Respondent violated the requirements of the CWA by failing to seek and obtain a discharge permit for the discharge of regulated stormwater to �Waters of the United States�. Respondent is identified as an automobile recycler (SIC code 5015), under the Colorado Discharge Permit System general permit for Stormwater Discharges Associated With the Recycling Industry issued by CDPHE on December 1, 2006. On October 11, 2011, Respondent submitted a notice of intent to CDPHE indicating Respondent�s intent to have industrial stormwater discharged from the Site covered by the Permit. The EPA and Respondent entered into a Combined Complaint and Consent Agreement (CCCA), for which the Final Order was issued September 28, 2012.

Defendants (1)

• YOTA YARD INCORPORATEDNamed in complaintNamed in settlement

Facilities (1)

• YOTA YARD

  3134 WALNUT STREET, DENVER, CO, 80216

  Registry ID: 110043738738

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• YOTA YARD INCORPORATEDentered 2012-09-28

  Primary law: CWA

  Federal penalty: $525

Timeline (4 milestones)

• 2012-08-20Complaint Filed/Proposed Order
• 2012-09-11Enforcement Action Data Entered
• 2012-09-28Final Order Issued
• 2012-11-26Enforcement Action Closed