Public Notice: Proposed settlement with Wilbur-Ellis for Clean Water Act violations in Washington
Summary
EPA is providing notice of a proposed administrative penalty settlement with Wilbur-Ellis (respondent) for violations of the Clean Water Act at its facility located in Mount Vernon, Washington.
EPA alleges that the respondent failed to comply with Washington’s Industrial Stormwater General Permit (#WAR309307) at its facility in Mount Vernon. The general permit covers discharges of pollutants into an unnamed creek.
Alleged violations include failure to sample and monitor, failure to implement corrective actions, failure to maintain structural controls, failure to maintain spill kits proximal to fertilizer storage, failure to conduct routine site inspections, failure to maintain a Stormwater Pollution Prevention Plan according to the written standard, and failure to report and maintain records as required by the permit.
This action is being simultaneously commenced and concluded in a legal document called an Expedited Settlement Agreement. Under the proposed agreement (see "Related Documents" below), Wilbur-Ellis will pay a civil penalty of $8,606.
Respondent
Wilbur-Ellis
13586 Bayview Edison Rd.
Mount Vernon, WA 98273
Legal authority
This is a Class II administrative penalty proceeding governed by Clean Water Act section 309(g) (33 U.S.C. § 1319(g)), and the procedural rules found at 40 CFR Part 22. The requirements that apply to public comment and participation are set forth in Clean Water Act section 309(g)(4) and 40 CFR § 22.45.