EPA v. JAMES RIVER CORPORATION -- CIC

Case summary

(CONTEMPT OF CD ENTERED UNDER 01-79-E001 FOR PREVIOUS OWNER, BROWN CORPORATION). IDENTIFICATION OF DEFENDANT - JAMES RIVER CORP (JRC) INCORP ORATED UNDER THE LAWS OF VA, OWNS AND OPERATES A KRAFT PROCE SS PULP MILL IN BERLIN, NH IN WHICH RAW WOOD IS CONVERTED IN TO PULP BY CHEMICALLY DISSOLVING THE LIGNIN THAT BINDS THE C ELLULOSE FIBERS TOGETHER. FACILITY INCLUDES TWO KRAFT RECOVE RY BOILERS AND 2 LIME KILNS. POWER FOR THIS COMPLEX IS GENE RATED AT THE MILL'S CENTRAL STEAM PLT, CONSISTING OF 2 OIL-F IRED POWER BOILERS AND ONE BARK/OIL-FIRED POWER BOILER. THE LATTER, DESIGNATED BY JRC AS NO. 14, IS THE SUBJ OF THE REFE RRAL. JRC'S PULP MILL IS THE LARGEST SOURCE OF AIR POLLUTION IN BERLIN. VIOLATIVE CONDUCT - REFERRAL SEEKS FILING OF MOTION PETITION ING THE DIST COURT OF NH TO ASSESS STIPULATED PENALTIES AGAI NST JRC FOR VIOLATION OF CONSENT DECREE IN CASE OF U.S. V. BROWN CO., D.N.H., CIVIL ACTION NO. 79-233. THE DECREE, ENT ERED ON AUG. 10, 1979, PLACED BROWN CO. ON A SCHEDULE TO ADDRESS NUMEROUS VIOLATIONS OF THE CLEAN AIR ACT AT THE MILL . IN DEC, 1980, JRC ACQUIRED THE MILL & BY STIPULATION FIL ED ON OCT 5, 1981, JRC AGREED TO BECOME PARTY DEF IN THE LAW SUIT AND TO BE BOUND BY THE TERMS OF THE CD. CENTRAL TO DEF 'S COMPLIANCE STRATEGY INCLUDED IN THE DECREE WAS CONSTRUCTI ON AND OPERATION OF BOILER NO. 14. DEF WAS REQUIRED UNDER T HE DECREE TO PROVIDE DOCUMENTATION DEMONSTRATING COMPLIANCE W/APPLICABLE EMISSION LIMITS BY FINAL COMPLETION DATE OF DEC 31, 1981. DEF BEGAN OPERATING BOILER NO. 14 IN MAR 1981. NOT UNTIL AFTER EPA OBSERVED EMISSION TESTING CONDUCTED ON O CT. 26-28, 1982, DID JRC SUBMIT DOCUMENTATION REQUIRED (301 DAYS LATE). DECREE PROVIDES THAT DEF PAY PLAINTIFFS $2500/D AY FOR EACH DAY OF VIOLATION OF A FINAL COMPLETION DATE IN C OMPLIANCE SCHEDULES OF THE DECREE, 30% OF WHICH IS TO BE PAI D TO THE NH AIR RESOURCES AGENCY. ON JAN. 20, 1984, DOJ, IN RESPONSE TO A REQUEST FROM EPA, ISSUED A LETTER TO JRC DEMA NDING PAYMENT OF $752,000 IN STIPULATED PENALTIES, AMOUNT DU E FOR 301 DAY VIOLATION OF THE DECREE. JRC HAS NOT PAID THE AMOUNT DEMANDED. FEDERAL GOVERNMENT'S ATTEMPTS TO NEGOT IATE AN ACCEPTABLE SETTLEMENT OF THE MATTER W/ THE COMPANY B ROKE DOWN AT THE END OF MAY 1984. PROPOSED RELIEF AND REQUESTED HEADQUARTERS ACTION - EPA REGI ON I RECOMMENDS THAT CONSENT DECREE BE ENFORCED THROUGH FILI NG OF A PETITION W/THE COURT FOR COLLECTION OF $752,000 DUE FOR VIOLATION OF DECREE.

Defendants (1)

• JAMES RIVER CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• PULP & PAPER OF AMERICA LLC

  UNITY STREET, BERLIN, NH, 03570

  Registry ID: 110022501675

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• JAMES RIVER CORPORATION -- CICentered 1986-07-01

  Primary law: CAA

  Federal penalty: $221,500

Timeline (7 milestones)

• 1984-05-29Enforcement Action Data Entered
• 1984-06-28Referred To Dept Of Justice
• 1984-08-24Complaint Filed With Court
• 1986-07-01Final Order Lodged
• 1986-07-01Final Order Entered
• 1986-07-01Concluded
• 1986-07-01Enforcement Action Closed