EPA v. VICTORY POLISHING & PLATING CO., INC.

Case summary

THIS CIVIL ACTION SEEKS INJUNCTIVE RELIEF AND PENALTIES UNDER SECTIONS 309(B) AND (D) OF THE CWA, 33 U.S.C. SECTIONS 1319(B) & (D), AGAINST VICTORY POLISHING & PLATING CO. FOR VIOLATIONS OF FEDERAL PRETRMT STDS TO WHICH DEF IS SUBJECT AS INDUSTRIAL USER OF A POTW. SYNOPSIS: VICTORY DISCHARGES APPROX. 150,000 GPD OF INDUSTRIAL WSTWTR FROM ITS ELECTROPLATING & POLISHING FACILITY IN PROVI DENCE, RI, TO A POTW LOCATED AT FIELDS POINT IN PROVIDENCE, WHICH IS OPERATED BY THE NARRAGANSETT BAY COMMISSION (NBC). THIS POTW HAS BEEN OPERATING UNDER AN EPA-APPROVED PRETRMT PGM SINCE 9/14/84. HIGH CONCENTRATIONS OF CN, CU, NI, & ZN IN DEF'S DSCHGE VIOLATE THE ELECTROPLATING NATIONAL CATEGORICAL STDS (40 CFR PART 413), WHILE ITS LOW PH VIOLATES THE SPECIFIC PRO- HIBITIONS OF THE NAT'L PROHIBITED DSCHGE STDS (40 CFR SECT 403.5(B)(2)). IN ADDN, VICTORY HAS FAILED TO COMPLY W/THE MONITORING & REPORTING REQ'S OF THE GEN. PRETRMT REGS (40 CFR SECT 403.12). VICTORY DOES JOB SHOP ELECTROPLATING & POLISHING OF COS TUME JEWELRY & NOVELTIES. IT IS ENGAGED PRIMARILY IN NI, CU, BRASS, & ZN PLATING. AS OF DATE OF REFERRAL, DEF DOES NOT PRETREAT ITS WSTWTRS BEFORE DISCHG'G TO THE NBC SEWER SYSTEM. THE REGION BELIEVES THAT A CIVIL ACTION WILL ENSURE THAT DEF COMES INTO COMPLIANCE W/PRETRMT STDS BY INSTALLING ADEQUATE TRMT ON RAPID SCHEDULE, & WILL EMPHASIZE SERIOUS- NESS W/WHICH EPA VIEWS SUCH VIOL'S SO THAT OTHER ELECTRO- PLATERS WILL BE ENCOURAGED TO COMPLY W/ THE REGS. VIOLATIONS: 40 CFR SECT 403.5(B)(2) OF THE NAT'L PROHIBITED DSCHGE STDS, WHICH APPLY TO ALL NON-DOMESTIC SOURCES THAT DSCHGE IN TO A POTW, PROHIBITS DISCHG'S W/PH < 5.0. VICTORY IS IN VI- OLATION OF SECT 403.5(B)(2) & SECT 307(D) OF CWA BECAUSE IT DISCHG'D WSTWTR W/PH <5.O TO NBC POTW, WHICH IS NOT DESIGNED TO ACCOMODATE SUCH DSCHG'S. EPA'S PRETRMT STDS FOR EXISTING SOURCES (PSES) IN THE ELECTROPLATING CATEGORY (40 CFR PART 413) REQ'D THAT NON- INTEGRATED ELECTROPLATERS COMPLY W/METALS & CN LIMITS BY APR 27, 1984. ANALYSES OF SAMPLES TAKEN BY EPA IN SEPTEMBER & NOVEMBER, 1984 SHOW THAT VICTORY HAS BEEN IN CONTINUAL VIOLA TION OF DAILY MAX. LIMITS FOR CN, CU, NI, & ZN IN THE COMMON METALS & PRECIOUS METALS SUBCAT'S SINCE THE APRIL DEADLINE. VICTORY FAILED TO SUBMIT A BASELINE MONITORING REPORT (BMR) BY SEPT. 12, 1981, IN VIOLATION OF SECT 403.12(B), & SECT'S 307(D) & 308(A) OF CWA. VICTORY FAILED TO SUBMIT REPORT ON COMPLIANCE W/APPLICABLE STD BY DEADLINE OF JULY 26, 1984, IN VIOLATION OF 40 CFR SECT 403.12(D), & SECT'S 307(D) & 308(A) OF CWA. VICTORY FAILED TO SUBMIT PERIODIC COMPLIANCE RE- PORTS DURING JUNE 1984 TO EPA & DURING DEC. TO THE NBC, IN VIOLATION OF 40 CFR SECT 403.12(E), & SECT'S 307(D) & 308(A) OF CWA. PROPOSED REMEDIES: REGION RECOMMENDS COMMENCEMENT OF CIVIL ACTION UNDER SECT. 309(B) & (D) OF CWA, SEEKING INJUNCTIVE RELIEF & CIVIL PENALTIES. ANY RESOLUTION MUST ENSURE THAT DEF INSTALLS PRE TRMT FACILITIES CAPABLE OF REDUCING DSCHG OF POLLUTANTS W/IN LIMITS SET BY NBC & FED REGS, & THAT DEF COMPLY W/FED MONI- TORING & REPORTING REQ'S. TAKING INTO ACCOUNT THE ECONOMIC BENEFIT GAINED BY DEF'S FAILURE TO COMPLY W/EPA REQ'S, THE HARM TO ENVIRONMENT, & THE COMPANY'S PURPOSEFUL DELAY & IN- DIFFERENCE TO REQ'S OF CWA, A MINIMUM PENALTY OF $247,455 IS RECOMMENDED.

Defendants (1)

• VICTORY POLISHING & PLATING CO., INC.Named in complaintNamed in settlement

Facilities (1)

• VICTORY FINISHING TECHNOLOGIES INCORPORATED

  145 GLOBE ST., PROVIDENCE, RI, 02903

  Registry ID: 110000312803

Statutes cited

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

Enforcement conclusions (1)

• VICTORY POLISHING & PLATINGentered 1986-04-28

  Primary law: CWA

  Federal penalty: $66,667

Timeline (7 milestones)

• 1985-01-24Referred To Headquarters
• 1985-02-28Referred To Dept Of Justice
• 1985-03-19Referred TO U.S. Attorney
• 1985-03-21Complaint Filed With Court
• 1986-04-28Final Order Lodged
• 1986-04-28Final Order Entered
• 1986-04-28Concluded