EPA v. THE BONE YARD

Case summary

The EPA promulgated stormwater regulations in 1990 and 1999, in response to 1987 amendments to the Clean Water Act (CWA). On July 9, 2012, inspectors from the EPA conducted a CWA National Pollutant Discharge Elimination System (NPDES) stormwater inspection of Bone Yard (Respondent) located at 5301 Monroe Street, 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 November 1, 2012, 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 June 5, 2013.

Defendants (1)

• THE BONE YARDNamed in complaintNamed in settlement

Facilities (1)

• THE BONE YARD

  5301 MONROE STREET, DENVER, CO, 80216

  Registry ID: 110054120161

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• THE BONE YARDentered 2013-08-22

  Primary law: CWA

  Federal penalty: $1,400

Timeline (5 milestones)

• 2013-08-22Complaint Filed/Proposed Order
• 2013-08-22Final Order Issued
• 2013-08-27Enforcement Action Closed
• 2013-08-27NPDES Closed
• 2013-09-04Enforcement Action Data Entered