11/20/20 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $68,000. RESPONDENT SHALL MAKE PAYMENT WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
As a result of the CEIs, the follow-up visit, and its review of additional information provided by
Respondent, the EPA alleges that there were discharges of pollutants from the Facility into
waters of the United States within the meaning of Section 502(12) of the CWA, 33 U.S.C. ?
1362(12), and without an NPDES permit pursuant to Section 402 of the CWA, 33 U.S.C. ? 1342,
and its implementing regulations.
Based on the CEIs and review of additional information, EPA alleges that Respondent has
violated Section 301 of the CWA, 33 U.S.C. ? 1311, due to these discharges not authorized by an
NPDES permit. Specifically, the EPA alleges that based on the Facility?s hydrology and historic
rainfall data, Respondent discharged pollutants from a point source located near the base of the
waste material pile along the southwest border of the Facility into the Flint River, and that this
point source was not identified in the Facility?s Wastewater and Stormwater Permits, or in any
NPDES applications, pursuant to Section 402 of the CWA, 33 U.S.C. ? 1342, and its
implementing regulations.