Midfield Aviation LLC Violates Clean Water Act

Sept. 13, 2021

The respondent failed to independently obtain coverage under EPA’s National Pollutant Discharge Elimination System Multi-Sector General Permit for storm water discharges associated with these industrial activities.

EPA is providing notice of a proposed administrative penalty settlement with Midfield Aviation LLC for violations of the Clean Water Act at its facility located in Caldwell, Idaho. 

According to the EPA news release, EPA alleges that the respondent was involved in aircraft and/or other vehicle maintenance including: aircraft rehabilitation, mechanical repairs, painting, fueling, lubrication, and/or equipment cleaning operations. The respondent failed to independently obtain coverage under EPA’s National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP) for storm water discharges associated with these industrial activities.

This action is being simultaneously commenced and concluded in an Expedited Settlement Agreement, according to EPA. Under the proposed agreement the respondent will pay a civil penalty of $2,500.

Even further, the company is subject to civil and criminal penalties for making a false statement to the U.S. Government that it indeed addressed the alleged violations identified in the Settlement Form, according to EPA. 

The respondent did not do the following: develop and implement a Stormwater Pollution Prevention Plan; submit to the permit authority a Notice of Intent to be covered by the applicable industrial storm water permit; or act to meet eligibility requirements for a waiver from industrial storm water permit requirements.

According to EPA, EPA does not waive its rights to take any enforcement action against the company for any other past, present, or future civil or criminal violation of the Act or of any other federal statute or regulation.

The Expedited Settlement Agreement can be read in full here.

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Cristina Tuser