News & Analysis as of

Enforcement Actions Storm Water

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Clean Water Act Citizen Suit/Waters of the U.S.: Federal Court Addresses Applicability to Wet-Weather Stream

A United States District Court (W.D. Texas, “Court”) addressed in a June 11th Decision issues arising out of a Clean Water Act citizen suit enforcement action. See Ragsdale v. JLM Construction Services, Inc. 2024 WL 2933009. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Atkins Chicken...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Twin Rivers Foods, Inc. (“Twin Rivers”) entered into a July 18th Consent Administrative Order (“CAO”) addressing an alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storm Water Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Dewitt Cryptocurrency...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Jones Digital, LLC (“Jones”) entered into an April 5th Consent Administrative Order (“CAO”) for addressing alleged operating...more

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Industrial Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Benton...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and TD Granite & Marble (“TD”) entered into a February 21st Consent Administrative Order (“CAO”) addressing alleged violations of a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Construction Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Saline...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and East End Holdings, LLC (“East End”) entered into a January 24th Consent Administrative Order (“CAO”) addressing alleged...more

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Stormwater Enforcement: Colorado Department of Public Health & Environment Notice of Violation/Cease and Desist Order to Adams...

The Colorado Department of Public Health & Environment issued on October 3rd to Zimmerman Metals, Inc. (“Zimmerman”) a document styled: Notice of Violation/Cease and Desist Order/Order for Civil Penalty (“NOV”)...more

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Stormwater Enforcement: Alabama Department of Environmental Management and a Chilton County Racetrack Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and Buckshot Speedway, LLC, (“Buckshot”) entered into an August 11th Consent Order (“CO”) addressing alleged violations of the ADEM Administrative Code encompassing...more

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Air/Water Enforcement: Conservation Law Foundation Citizen Suit Action Addressing Quincy, Massachusetts, Fatty Acid/Glycerin...

The Conservation Law Foundation (“CLF”) filed on August 14th a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Twin Rivers Technologies, Inc., and Twin Rivers technologies...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Foxworth Sawmill Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Marion County Timber, Inc. (“Marion”) entered into a May 2nd Agreed Order (“AO”) addressing an alleged violation of the Mississippi statute implementing the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Water Enforcement: Alabama Department of Environmental Management and Fayette County Sand & Gravel Mining Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and West Alabama Sand and Gravel, Inc. (“West Alabama”) entered into a December 7th Consent Order (“CO”) addressing alleged violations of regulations addressing...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: U.S. Environmental Protection Agency and Tigard, Oregon, Structural Steel Fabricator Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Fought & Company, Inc., (“Fought”) entered into a Consent Agreement (“CA”) addressing alleged violations of a Stormwater Industrial General Permit. See Docket No....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: U.S. Environmental Protection Agency and Union Bridge, Maryland, Cement Plant/Terminal Operator Enter into...

The United States Environmental Protection Agency (“EPA”) and Lehigh Cement Company, LLC, (“Lehigh”) entered into a Consent Agreement (“Agreement”) addressing alleged violations of a Clean Water Act National Pollution...more

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Stormwater/Wastewater Enforcement: Arkansas Department of Energy and Environment

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Eaton-Moery Environmental Services, Inc. (“Eaton”) entered into a May 20th Consent Administrative Order (“CAO”) addressing...more

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No-Discharge Permit/Stormwater Enforcement: Arkansas Department of Energy and Environment

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Southark Disposals Group, LLC (“Southark”) entered into a May 17th Consent Administrative Order (“CAO”) addressing alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Tishomingo County Airport (Belmont) Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Tishomingo County Airport (Belmont) (“Airport”) entered into a May 18th Agreed Order (“AO”) addressing an alleged violation of the Mississippi Code related to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Gulfport Vacant Land Project Operator Enter into...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Gene Stock Construction (“GSC”) are stated to have entered into an April 6th Agreed Order (“AO”) relating to a failure to obtain a permit for discharge of waste...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Washington County...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the Washington County Arkansas Road Department (“Department”) entered into an April 13th Consent Administrative Order (“CAO”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Izard County Sand...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Spring Creek Materials, Inc. (“Spring Creek”) entered into a March 11th Consent Administrative Order (“CAO”) addressing an...more

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Stormwater Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Regarding White County...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a March 29th Proposed Order and Assessment (“Order”) to Sergio Family Trust (“SFT”) regarding the alleged failure to obtain coverage under the General...more

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Stormwater/Wastewater Enforcement: Proposed Tennessee Department of Environment and Conservation Director's Order/Assessment

The Tennessee Department of Environment and Conservation (“TDEC”) issued a January 17th proposed Director’s Order and Assessment (“Order”) to Hommel Construction (“Hommel”) addressing alleged violations of a National...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Alabama Department of Environmental Management and Jefferson County Developer Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and USS Real Estate (“USS”) entered into a Consent Order (“CO”) addressing alleged violations of an NPDES General Permit (Stormwater)(“Permit”). The CO provides...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Quitman Oil/Gas...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and JK Oilfield Service (“JK”) entered into a March 11th Consent Administrative Order (“CAO”) addressing alleged violations of an...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and McCrory...

Worldwide Labeling & Packaging, LLC (“Worldwide”) and the Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) entered into a January 27th Consent Administrative Order (“CAO”) addressing...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solid Waste/Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Little...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Little River County (“Little River”) entered into a February 3rd Consent Administrative Order (“CAO”) addressing alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: U.S. Environmental Protection Agency and Summerville, South Carolina, Concrete Block Manufacturing...

The United States Environmental Protection Agency (“EPA”) and Van Smith Block Company, LLC (“VSBC”) entered into an Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Clean Water Act Industrial...more

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