EPA v. LFE CORPORATION, INC.

Case summary

SYNOPSIS: THIS CIVIL ACTION WAS INITIATED TO OBTAIN INJUNCTIVE RELIEF & PENALTIES UNDER SECT 309(B) & (D) OF THE CWA, 33 U.S.C. SECT. 1319(B),(D), AGAINST DEF FOR VIOLATIONS OF PRE- TREATMENT STDS TO WHICH THE CORP. IS SUBJ AS AN INDUSTRIAL USER OF A POTW. LFE OPERATES AN ELECTROPLATING FACILITY IN CLINTON, MA. APPROX. 20,000 GPD OF INDUSTRIAL WSTEWTRS ARE DISCHARGED FROM LFE'S FACILITY INTO PUBLIC SEWERS LEADING INTO THE POTW IN CLINTON, MA AND OPERATED BY THE WATER DIVISION OF THE MDC. MDC-CLINTON OPERATES UNDER AN NPDES PERMIT. HIGH CONCENTRATIONS OF CU & PB IN LFE'S DISCHARGE VIO- LATE THE ELECTROPLATING NAT'L CATEGORICAL STDS TO WHICH LFE IS SUBJ UNDER THE ACT. THE LOW PH OF THE DISCHARGE VIOLATES THE SPECIFIC PROHIBITIONS OF THE NATIONAL PROHIBITED DISCH. STDS. IN ADDN, LFE HAS FAILED TO COMPLY W/THE MONITORING & REPORTING REQUIREMENTS OF THE GENERAL PRETREATMENT REGS. REG I BELIEVES THAT A CIVIL ACTION IS APPROPRIATE BOTH TO ENSURE THAT LFE COMES INTO COMPLIANCE W/PRETREATMENT STDS BY INSTALLING ADEQUATE TRMT ON A RAPID SCHEDULE & TO EMPHA- SIZE THE SERIOUSNESS W/WHICH EPA VIEWS SUCH VIOLATIONS SO THAT OTHER COMPANIES WILL BE ENCOURAGED TO COMPLY W/PRETRMT REGS. DEFENDANT: LFE CORPORATION IS A PUBLIC CORP, INCORPORATED IN DELA- WARE IN 1946. THE CLINTON FACILITY PRODUCES INDUSTRIAL PRO- CESS INSTRUMENTATION & CONTROLS, AUTOMATED TRAFFIC CONTROL SYSTEMS, ENVIRONMENTAL CONTROL SYSTEMS FOR ELECTRONIC ASSEM- BLIES & SENSORS, & PRINTED CIRCUIT BOARDS (SIC CODES 3823, 3825, 3829,3662). PRODUCTION OF PRINTED CIRCUIT BOARDS GEN- ERATES 95-98% OF THE FACILITY'S WSTWTR, WHICH IS DISCHARGED TO THE CLINTON POTW. THE REMAINING 2-5% COMES FROM METAL FINISHING OPERATIONS. THE CO. PLANS TO INCREASE ITS DIS- CHARGE TO 75,000 GPD. D & B REPORTS THAT THE DEF IS INVOLVED IN LITIGATION CONCERNING COST OVERRUNS ON A LARGE ENGINEERING CONTRACT, & CONTINGENTLY LIABLE IN CONNECTION W/OTHER LAWSUITS. EPA INSPECTIONS REVEALED AN INADEQUATE WSTEWTR TRMT SYS- TEM, CONSISTING SOLELY OF PH ADJUSTMENT. THERE IS NO TRMT FOR METALS, ORGANICS, OR SOLIDS. THE COMPLAINT SEEKS INJUNCTIVE RELIEF & PENALTIES OF $10,000/DAY OF VIOLATION. REGION I RECOMMENDS THAT NEGOTI- ATION OF A CONSENT DECREE W/LFE BE ATTEMPTED PRIOR TO FILING THE COMPLAINT.

Defendants (1)

• LFE CORPORATION, INC.Named in complaintNamed in settlement

Facilities (1)

• LFE CORPORATION

  55 GREEN STREET, CLINTON, MA, 015103002

  Registry ID: 110000881494

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 308 — Information Request, Records, Entry
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• LFE CORPORATION, INC.entered 1985-06-27

  Primary law: CWA

  Federal penalty: $56,000

Timeline (8 milestones)

• 1984-09-27Referred To Headquarters
• 1984-11-05Referred To Dept Of Justice
• 1985-03-18Referred TO U.S. Attorney
• 1985-03-28Complaint Filed With Court
• 1985-06-27Final Order Lodged
• 1985-06-27Final Order Entered
• 1985-06-27Concluded
• 1986-06-27Enforcement Action Closed