The United States Environmental Protection Agency (“EPA”) and Bayshore Recycling Corp. (“Bayshore”) entered into an August 25th Consent and Final Order (“CAFO”) addressing alleged violations of a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) permit. See CWA-02-2022-3316.
The CAFO provides that Bayshore owns/operates an approximately 40-acre recycling facility in Keasbey, New Jersey (“Site”).
Stormwater associated with industrial activities (“SIC 5093”) is stated to be discharged from the Site to eight outfalls designated by the New Jersey Department of Environmental Protection to Kinsey Creek which eventually flows to the Raritan River. Such discharges are authorized pursuant to an NPDES individual permit.
EPA Region 2 is stated to have conducted a Compliance Evaluation Inspection at the Site on June 19, 2019.
The CAFO indicates that EPA identified the following permit violations:
Bayshore submitted on October 7, 2019, an initial response to an EPA Administrative Order which indicated corrective actions at the Site that it planned to undertake. On December 6, 2019, Bayshore submitted the first quarterly progress report required by an Administrative Order. However, the CAFO provides that Bayshore was unable to meet certain deadlines in the Administrative Order and therefore EPA issued a second Administrative Order.
EPA determined on November 10, 2021, that Bayshore had submitted sufficient information to address the remaining Order provisions.
Bayshore neither admits nor denies the factual allegations and legal conclusions contained in the CAFO.
A civil penalty of $25,000 is assessed.
A copy of the CAFO can be downloaded here.
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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