EPA v. NATIONAL PLATING COMPANY, INC.

Case summary

SUMMARY: THIS CIVIL ACTION IS FOR INJUNCTIVE RELIEF & PENALTIES UNDER SECT 309(B) & (D) OF CWA, 33 USC 1319(B) & (D), FOR VIOLATIONS OF FED PRETRMT STDS TO WHICH THE CORP IS SUBJ AS AN INDUSTRIAL USER OF A POTW. NATIONAL DISCHARGES BETWEEN 30,000 - 51,000 GPD OF IN- DUSTRIAL WSTWTR FROM ITS ELECTROPLATING & POLISHING FACILITY IN PROVIDENCE, RI, INTO THE NARRAGANSETT BAY COMMISSION (NBC) POTW AT FIELDS POINT. THE NBC HAS BEEN OPERATING UN- DER EPA-APPROVED PRETRMT PGM SINCE SEPT 14, 1984. DESCRIPTION OF VIOLATIONS: 1) NATIONAL IS IN VIOLATION OF THE NATIONAL PROHIBITED DSCHGE STDS, 40 CFR SECT 403.5(B)(2), & SECT 307(D) OF CWA, 33 USC 1317(D), BECAUSE IT DISCHGD WSTWTR W/A PH LOWER THAN 5.0 INTO THE NBC POTW, WHICH IS NOT DESIGNED TO ACCOMODATE SUCH DSCHGS. 2) NATIONAL IS IN VIOLATION OF THE NATIONAL CATEGORICAL STDS, 40 CFR PART 413, & SECT 307(D) OF CWA. SPECIFICALLY, IT HAS VIOLATED THE LIMITS FOR DISCHARGES SET FORTH IN THE COMMON METALS & PRECIOUS METALS SUBCATEGORIES, 40 CFR SECT'S 413.14(C) & 413.24(C). SAMPLING HAS SHOWN THAT NATIONAL IS DISCHARGING ELECTROPLATING PROCESS WSTWTR THAT EXCEEDS THE DAILY MAX LIMITS FOR CN, CU, NI, ZN, & TOTAL METALS IN THESE 2 SUBCATEGORIES. 3)NATIONAL IS IN VIOLATION OF REPORTING REQMNTS OF THE GENERAL PRETRMT REGS, 40 CFR 403.12(B), WHICH REQUIRED THE APPLICABLE INDUSTRIAL USER TO SUBMIT A BASELING MONITORING REPORT FOR TOTAL TOXIC ORGANICS (TTO), BY FEBRUARY 24, 1984. NATIONAL'S SEPT 29, 1980 REPORT TO EPA DOES NOT CONTAIN INFO ON THEIR DISCHARGE OF TTO, NOR HAVE THEY TO DATE SUBMITTED THE INFO. NATIONAL ALSO HAS FAILED TO SUBMIT A REPORT ON COMPLIANCE W/CN & METAL STDS IN VIOLATION OF 40 CFR SECTION 403.12(D) & SECTIONS 307(D) & 308(A) OF THE CWA. THIS RE- PORT WAS DUE BY JULY 26, 1984. FINALLY, NATIONAL FAILED TO SUBMIT A PERIODIC COMPLIANCE REPORT IN JUNE OR DEC 1984, OR ANY SUBSEQUENT TIME, PERTAINING TO COMPLIANCE W/CN & METAL STDS, IN VIOLATION OF 40 CFR 403.12(E) & SECT'S 307(D) & 308(A) OF THE CWA. DEFENDANT: NATIONAL PLATING CO IS ENGAGED IN JOB SHOP ELECTROPLAT- ING & POLISHING OF METALS, WHICH IT SELLS TO RHODE ISLAND JEWELRY MANUFACTURERS. IT IS AN EXISTING NON-INTEGRATED ELECTROPLATER, AS DEFINED BY 40 CFR 413.02(H). IT CURRENTLY DOES NOT HAVE ANY SIGNIFICANT PRETRMT OF ITS WSTWTR PRIOR TO DISCHARGE TO THE SEWER, ALTHOUGH IT RECOVERS ITS GOLD-BEAR- ING WSTWTRS & DRAGOUTS. ENVIRONMENTAL CONSEQUENCES & WATER QUALITY CONCERNS: THE DISCHGE OF METALS TO NBC SYSTEM IN GENERAL CONTRI- BUTES TO OCCASIONAL INTERFERENCE W/BIOLOGICAL TRMT PROCESS USED THERE, & THE DISCHGE OF CN CONTRIBUTES TO HIGH CL2 DE- MAND. THE DSCHGE OF METALS & OTHER POLLUTANTS ALSO CONTRI- BUTES TO PASS THROUGH OF POLLUTANTS TO THE BAY. SINCE NA- TIONAL IS 1 OF >100 ELECTROPLATERS CONTRIBUTING METALS & CN TO THE BAY, IT IS DIFFICULT TO DETERMINE NATIONAL'S EXACT IMPACT ON THE NBC SYSTEM OR THE BAY INTO WHICH NBC DSCHGES. HOWEVER, STUDIES INDICATE THAT CONCENTRATION OF METALS IN NBC'S EFFLUENT MAY BE ADVERSELY AFFECTING AQUATIC LIFE IN THE BAY. PROPOSED RELIEF: TO DATE, NO ACTION HAS BEEN TAKEN BY THE RI DEM, AL- THOUGH IT HAS DECIDED TO JOIN EPA IN THIS ENFORCEMENT AC- TION. EPA SEEKS INJUNCTIVE RELIEF ORDERING INSTALLATION OF PRETRMT FACILITIES CAPABLE OF REDUCING DSCHG OF POLLUTANTS TO ACCEPTABLE FED & STATE LIMITS, ORDERING COMPLIANCE WITH FED MONITORING & REPORTING REQMNTS,

Defendants (1)

• NATIONAL PLATING COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• NATIONAL PLATING L L C

  946 EDDY ST., PROVIDENCE, RI, 02905

  Registry ID: 110000312901

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• NATIONAL PLATING CO., INC.entered 1987-02-03

  Primary law: CWA

  Federal penalty: $25,000

Timeline (7 milestones)

• 1985-04-09Referred To Headquarters
• 1985-05-07Referred To Dept Of Justice
• 1985-06-20Referred TO U.S. Attorney
• 1985-06-28Complaint Filed With Court
• 1987-02-03Final Order Lodged
• 1987-02-03Final Order Entered
• 1987-02-03Concluded