Public Notice: Proposed penalty of $1,500.00 against Joy Recycling LLC
Summary
The U.S. Environmental Protection Agency (“EPA”), Region 3, is hereby giving notice that it proposes to enter into a Consent Agreement and Final Order (“CAFO”), which commences and concludes an administrative action against Joy Recycling LLC, 18562 Veterans Memorial Highway, Kingwood, West Virginia 26537, in order to settle alleged violations of the Clean Water Act at Joy Recycling LLC’s three facilities located at: 438 Morgantown Street, Kingwood, West Virginia 26537 (“Kingwood Facility”), 120 Moon Run Road, Kerens, West Virginia 26276 (“Kerens Facility”), and 4220 Mason-Dixon Highway, Core, West Virginia 26541 (“Core Facility”).
The CAFO assesses an administrative penalty in the amount of one thousand five hundred dollars ($1,500.00), pursuant to Section 309(g) of the Clean Water Act, 33 U.S.C. § 1319(g) for alleged violations of Section 301 of the Clean Water Act, 33 U.S.C. § 1311. The $1,500 cash penalty was determined after considering the statutory penalty criteria set forth in Section 309(g)(3) of the CWA, 33 U.S.C. § 1319(g)(3), with specific reference to the EPA’s Supplemental Guidance to the 1995 Interim Clean Water Act Settlement Penalty Policy for Violations of the Industrial Stormwater Requirements (September 8, 2016), the appropriate Adjustment of Civil Monetary Penalties for Inflation, pursuant to 40 C.F.R. Part 19, Section 19.4, Table 1, the applicable EPA memorandum addressing the EPA’s civil penalty policies to account for inflation, and, ultimately, an analysis of Joy’s ability to pay a civil penalty.
Applicants or Respondents
Joy Recycling LLC18562 Veterans Memorial Highway
Kingwood, WV 26537
United States