EPA v. Carlisle Construction Materials LLC ESA

Case summary

On May 28, 2024, Region 10 filed an expedited settlement agreement resolving CWA violations of the state of Oregon's 1200-Z Industrial Stormwater Discharge Permit by Carlisle Construction Materials, LLC at its former Ultimate RB rubber products facility in McMinnville, Oregon. Alleged violations included insufficient measures to minimize material exposure, failure to monitor and sample, and stormwater control measures and Stormwater Pollution Control Plan (SWPCP) deficiencies. This enforcement action stands to prevent an annual discharge of 343 pounds of Biological Oxygen Demand, 1842 pounds of Chemical Oxygen Demand, 40 pounds of Nitrate + Nitrite Nitrogen, 34 pounds of Total Nitrogen, 12 pounds of Total Phosphorus, 3058 pounds of Total Suspended Solids, and 21 pounds of Total Iron into the South Yamhill River. The facility was sold and no longer owned and operated by the Respondent, however, the Respondent agreed to pay a penalty of $24,780 and the permit was transferred to another owner/operator.

Defendants (1)

• Carlisle Construction Materials, LLCNamed in complaintNamed in settlement

Facilities (1)

• NORTH WEST RUBBER

  904 NE 10TH AVENUE, MCMINNVILLE, OR, 97128

  Registry ID: 110002149005

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Carlisle Construction Materials LLC ESAentered 2024-05-29

  Primary law: CWA

  Federal penalty: $24,780

Timeline (5 milestones)

• 2024-02-28Enforcement Action Data Entered
• 2024-05-29NPDES Closed
• 2024-05-29Complaint Filed/Proposed Order
• 2024-05-29Final Order Issued
• 2024-05-29Enforcement Action Closed