July 13, 2022
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The United States Environmental Protection Agency (“EPA”) and A & E Metal Recycling and Packaging, Inc. (“A & E”) entered into a June 21st Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Clean Water Act. See Docket No. CWA-01-2022-0042.
The ESA provides that A & E had unauthorized discharges of stormwater in violation of Section 301(a) of the Clean Water Act, 33 U.S.C. § 1311.
The violation is described as operation without a Clean Water Act permit from April 1, 2017, to April 1, 2022. The acreage of industrial activity exposed is stated to be in the exposure category of two to five acres.
The ESA requires that A & E address the alleged violation by obtaining coverage under the 2021 Multi Sector General Permit for stormwater associated with industrial activities by the timeframe agreed to by EPA.
A civil penalty of $15,000 is assessed.
A copy of the ESA can be downloaded here.
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