Clean Water Act Enforcement: U.S. Environmental Protection Agency/Louisiana Department of Environmental Quality Enter into Consent Decree with Carencro, Louisiana, Race Horse Training Center

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency and Louisiana Department of Environmental Quality (collectively “EPA”) entered into an October 30th Consent Decree (“Decree”) with Evangeline Enterprises, LLC, (“EE”) to address an alleged Clean Water Act violation.

The Decree provides that EE operates a race horse training center in Carencro, Louisiana (“Facility”).

EE is stated to have discharged pollutants into waters of the United States and waters of the State of Louisiana from the Facility in violation of Section 301 of the Clean Water Act and the Louisiana Environmental Quality Act. The discharge has been described as processed wastewater, contaminated with horse manure, urine, and other biological materials. The receiving waterbodies are stated to have been the Vermilion River and its tributary Francois Coulee.

The Decree assesses a civil penalty of $300,000. Further, the Decree requires that the Facility put in place certain corrective measures to address the alleged Clean Water Act violation. A retention control structure is required to be built that will store all processed wastewater at the Facility.

A Louisiana National Pollution Discharge Elimination System permit must also be obtained.

A copy of the Consent Decree can be found 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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