EPA v. ASH GROVE CEMENT COMPANY (R10 only - CWA)

Case summary

On September 10, 2013, the United States and Ash Grove Cement Company entered into a stipulation of judgment assessing a $600,000 civil penalty against the company for discharging industrial stormwater to the Duwamish East Waterway without a permit in violation of section 301(a) of the Clean Water Act. In 1992, Ash Grove began discharging stormwater collected at its cement manufacturing facility, located on East Marginal Way South in Seattle, through a city storm drain without first obtaining an industrial stormwater permit. The storm drain conveys stormwater directly and without treatment to an outfall north of the facility that discharges to the East Waterway. The unpermitted discharge was discovered during a 2009 inspection and Ash Grove subsequently applied for and obtained a stormwater permit from the Washington Department of Ecology that required the company to implement enhanced treatment technologies consisting of pH neutralization and chemical coagulation to remove suspended solids. Region 10 worked in collaboration with Ecology by pursuing civil enforcement against Ash Grove during the state permitting process.

Defendants (1)

• Ash Grove Cement CompanyNamed in complaintNamed in settlement

Facilities (1)

• ASH GROVE CEMENT COMPANY

  3801 EAST MARGINAL WAY SOUTH, SEATTLE, WA, 98134

  Registry ID: 110000897085

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ASH GROVE CEMENT COMPANY - STIPULATION OF SETTLEMENT AND JUDGMENT (R10 only - CWA)entered 2013-09-10

  Primary law: CWA

  Federal penalty: $600,000

Timeline (8 milestones)

• 2010-07-08Referred To Dept Of Justice
• 2010-07-14Enforcement Action Data Entered
• 2013-08-23Final Order Lodged
• 2013-08-23Complaint Filed With Court
• 2013-09-10Concluded
• 2013-09-10Final Order Entered
• 2013-09-12Enforcement Action Closed
• 2013-09-12NPDES Closed