Public Notice: Proposed penalty of $40,000 against Dutchland LLC
Summary
The U.S. Environmental Protection Agency (EPA), Region 3, is hereby giving notice that it proposes to enter into an Expedited Settlement Agreement (ESA), which commences and concludes an administrative action against Dutchland LLC, 160 PA-41 Gap, Pennsylvania 17524. The ESA assesses an administrative penalty of forty-thousand dollars ($40,000.00) under Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g), for alleged violations of Section 301 of the CWA, 33 U.S.C. § 1311. EPA alleges that Dutchland, LLC violated certain provisions of CWA Sections 301 for unpermitted discharges of stormwater associated with industrial activity from the Dutchland, LLC Facility, located at 160 PA-41, Gap, Pennsylvania, 17524. The $40,000.00 civil penalty is in accordance with the EPA’s Interim Clean Water Act Settlement Policy dated March 1, 1995, which reflects the statutory factors set forth in Section 309(g) of the Clean Water Act.
During a February 7, 2023, inspection, the EPA observed that Dutchland, LLC’s outdoor industrial activities were exposed to stormwater. EPA alleges that Dutchland, LLC discharged industrial storm water without authorization by any permit under the CWA, and thus, violated certain provisions of CWA Sections 301 and 402 for Dutchland, LLC’s facility at 160 PA-41, Gap, PA 17524. The $40,000.00 cash penalty is in accordance with the EPA’s Civil Penalty Policy for Section 311(b)(3) and Section 311(j) of the CWA (August 1998).
Applicants or Respondents
Dutchland, LLC160 PA-41
Gap, PA 17524
United States
Docket Numbers
- CWA-03-2024-0046