EPA v. HUDSON PLATING CO

Case summary

ON 10/2/80, THE US FILED A CIVIL COMPLAINT IN DISTRICT COURT TO REMEDY CWA VIOL'S BY HUDSON PLATING CO & ITS OWNERS /OPERATORS PAUL CARVILLE & PETER RETKEVICZ. DISCOVREY WAS COMPLETED ON 12/11/81, & TRIAL IS SCHED TO BEGIN ON 1/31/83. NATURE OF THE CASE: DEF'S OWNED & OPERATED A SMALL (3-5 EMPLOYEES) ELECTRO- PLATING BUSINESS LOCATED IN HUDSON, NH, FROM WHICH THEY DIS- CHARGED APPROX 4300 GALLONS PER DAY OF PROCESS WASTEWATERS TO THE BEAVER BROOK. THE CIVIL ACTION WAS BROUGHT AGAINST THE DEF'S FOR VIOL'ING THE EFFLUENT LIMITS CONTAINED IN THE FACILITY'S NPDES PERMIT FROM 8/28/76 TO 3/1/80; FOR FAILING TO INSTALL WASTEWATER TREATMENT FACILITIES; & FOR DISCHARG- ING W/O A PERMIT AFTER 3/1/80. 1. DEFENDANTS DEF'S PAUL CARVILLE & PETER RETKEVICZ OWNED & OPERATED THE ELECTROPLATING FACILITY SINCE EARLY 1970'S. IT WAS OP- ERATED AS HUDSON PLATING CO, INC. FROM 10/10/72 UNTIL 7/15/77, WHEN IT WAS DISSOLVED AS A CORP BY THE NH LEGISLA- TURE FOR FAILURE TO FILE CORP RETURNS. FROM 7/15/77 UNTIL THE FALL OF 1980, IT WAS OPERATED AS AN UNREGISTERED BUSI- NESS CALLED HUDSON PLATING CO. FROM 1973 UNTIL 11/78, PETER RETKEVICZ WAS A 52% OWNER & PAUL CARVILLE WAS A 48% OWNER OF THE BUSINESS. CARVILLE PURCHASED RETKEVICZ'S INTEREST & BECAME SOLE OWNER IN 11/78. HE CEASED OPERATION OF THE FACILITY SOON AFTER THE FILING OF THE COMPLAINT. PAUL CARVILLE & PETER RETKEVICZ ARE THE ONLY DEF'S FROM WHOM RELIEF CAN BE SOUGHT, SINCE THE CORP WAS DISSOLVED IN 1977 & THE BUSINESS IS NO LONGER IN OPERATION. 2. CURRENT STATUS THE ELECTROPLATING FACILITY HAS NOT BEEN OPERATED SINCE APPROX 11/1/80, NOR HAVE THERE BEEN DISCHARGES OF POLLUTANTS FROM THE FACILITY SINCE THAT TIME. IN CLOSING THE FACILITY, CARVILLE LEFT THE SMALL BUILD- ING FULL OF METAL PLATING PROCESS SOLUTIONS & RAW MATERIALS SUCH AS ACIDS, CAUSTICS, & CHEMICAL AGENTS USED AS ADDITIVES . BECAUSE THE FACILITY WAS NOT ACTIVILY HANDLING HAZ WASTES AFTER 11/19/80, IT WAS NOT SUBJECT TO THE REGULATION PROMUL- GATED UNDER SUBTITLE C OF RCRA. WE COULD NOT, THEREFORE, RE- QUIRE A CLOSURE PLAN TO BE SUBMITTED BY CARVILLE FOR AP- PROVAL BY EPA BEFORE HE DISPOSED OF THE BUILDING'S CONTENTS. WE ALSO COULD NOT ADDRESS THE SITUATION THROUGH THE EXISTING CIVIL ACTION W/O AMENDING THE COMPLAINT TO ADD AN IMMINENT HAZARD COUNT UNDER SEC 3007 OF RCRA. IN 6/81, CARVILLE INDICATED A WILLINGNESS TO WORK W/ REGN 1'S WASTE RESPONSE & COMPLIANCE BRANCH ON A VOLUNTARY BASIS TO ARRANGE FOR THE PROPER DISPOSAL OF THE WASTES & THE SITE. AFTER MONTHS OF NEG'S, A CONTRACTOR WAS HIRED TO RE- MOVE, TRANSPORT & ARRANGE FOR THE ULTIMATE DISPOSAL OF THE HAZ WASTES. BY 7/15/82, ALL OF THE METAL PLATING WASTES LEFT INSIDE & OUTSIDE THE BUILDING HAD BEEN REMOVED. IN ADDITION TO THE DRUMS & TANKS OF ACIDS, CYANIDES, METAL WASTES, & AQUEOUS SOLUTIONS, 6 TO 12 INCHES OF SOIL WERE REMOVED FROM THE DISCHARGE CHANNEL LEADING FROM THE BUILDING TO THE BROOK . REPRESENTATIVES FROM EPA & THE STATE OF NH APPROVED THE CLOSURE PLAN IN ADVANCE & OBSERVED THE ACTUAL CLEANUP. WE BELIEVE THAT THE ACTIVITEIS UNDERTAKEN BY CARVILLE WERE SATISFACTORY.

Defendants (1)

• HUDSON PLATING CONamed in complaintNamed in settlement

Facilities (1)

• HUDSON PLATING CO

  CLEMENT INDUSTRIAL PK, HUDSON, NH, 03051

  Registry ID: 110007683211

Statutes cited

• CWA 402 — Clean Water Act

Enforcement conclusions (1)

• HUDSON PLATING COentered 1983-06-21

  Primary law: CWA

  Federal penalty: $6,500

Timeline (8 milestones)

• 1980-07-24Referred To Headquarters
• 1980-08-21Referred To Dept Of Justice
• 1980-09-01Referred TO U.S. Attorney
• 1982-10-02Complaint Filed With Court
• 1983-06-21Final Order Lodged
• 1983-06-21Final Order Entered
• 1983-06-21Concluded
• 1991-12-06Enforcement Action Closed