EPA v. PARKER METAL CORPORATION

Case summary

THIS CIVIL ACTION SEEKS INJUNCTIVE RELIEF AND PENALTIES UNDER SECTION 309(B) AND (D) OF THE CWA, 33 U.S.C. SECTION 1319(B) & (D), AGAINST THE DEFENDANT FOR VIOLATIONS OF THE FEDERAL PRETREATMENT STANDARDS. VIOLATIONS: DEF DISCHARGES BETWEEN 35,000-57,000 GPD OF INDUSTRIAL WSTWTR FROM ELECTROPLATING FACILITY IN WORCESTER, MA. TO THE UPPER BLACKSTONE WATER POLLUTION ABATEMENT DIST (UBWPAD) POTW AT MILLBURY, MA. AFTER TRMT THERE, IT EVENTUALLY EN- TERS THE BLACKSTONE RIVER. CURRENTLY, PARKER METAL DOES NOT PRETREAT ANY OF ITS PROCESS WASTES PRIOR TO DISCHARGE TO THE SEWER. AS A RESULT, THE DISCHARGE IS IN VIOLATION OF THE DISCHARGE LIMITS IN THE ELECTROPLATING CATEGORICAL STDS. THERE HAVE BEEN CONSISTENT VIOL'S OF LIMITS FOR CN, CU, CR, NI, ZN, & TOT METALS IN THE ELECTROPLATING OF COMMON METALS SUBCAT, 40 CFR SECT 413.14(C), & SECT 307(D) OF CWA. THE COMPLIANCE DATE FOR EXISTING NON-INTEGRATED ELECTROPLATERS, TO WHICH PARKER METAL IS SUBJECT, WAS APR. 27, 1984. PARKER METAL WAS REQUIRED BY 40 CFR 403.12(B) TO SUBMIT A BASELINE MONITORING REPORT ON TOT TOXIC ORGANICS (TTO) BY FEB 24, 1984, BUT TO DATE THERE IS NO RECORD OF EPA HAVING REC'D SUCH A REPORT. IN ADDITION, DEF FAILED TO SUBMIT A COMPLIANCE REPORT BY THE DEADLINE OF JULY 26, 1984, FOR CN & METAL STDS, & FAILED TO SUBMIT PERIODIC COMPLIANCE REPORTS IN JUNE OR DEC 1984, OR JUNE 1985, IN VIOLATION OF 40 CFR SECT'S 403.12(D) & (E), & SECT'S 307(D) & 308(A) OF CWA. ENVIRONMENTAL CONSEQUENCES & WATER QUALITY CONCERNS: AS DEF IS 1 OF 70 PLATERS CONTRIBUTING METALS & CN TO UBWPAD SYSTEM, EPA CANNOT DETERMINE THE EXACT IMPACT OF THEIR DSCHG ON EITHER THE SYSTEM OR THE BLACKSTONE RIVER. IN GENERAL, CN DSCHGES CONTRIBUTE TO HIGH CL DEMAND, & THE METAL DSCHGES CONTRIBUTE TO PASS-THRU OF POLLUTANTS TO THE RIVER. STUDIES HAVE SHOWN THAT HIGH METAL CONC'S MAY BE AD- VERSELY AFFECTING THE RIVER'S AQUATIC LIFE. REMEDIES: THE COMPLAINT REQUESTS A PERMANENT INJUNCTION AGAINST FUTURE DSCHG'S BY PARKER METAL EXCEPT IN COMPLIANCE W/APPLBL STDS. IT ALSO SEEKS PENALTIES OF $10,000/DAY OF VIOLATION. ANY RESOLUTION MUST ENSURE THAT DEF INSTALLS PRETRMT FACILI- TIES TO REDUCE POLLUTANT DSCHG TO W/I FED LIMITS, & THAT THEY COMPLY W/FED MONITORING & REPORTING REQ'MNTS. TAKING INTO ACCOUNT THE ECONOMIC BENEFIT GAINED BY DEF IN FAILING TO INSTALL APPROPRIATE PRETRMT & THEIR DISREGARD OF EPA REGS, THE REGION PROPOSES A MINIMUM CIVIL PENALTY OF $133,100. THIS FIGURE WAS RESULT OF CALCULATIONS FROM THE BEN COMPUTER MODEL ($90,595), A 40% INCREASE OF THE ECONO- MIC BENEFIT BECAUSE OF DEF'S BLATANT DISREGARD OF THE LAW ($36,238), & ADDITION OF 7% OF ECONOMIC BENEFIT ($6,341) TO REFLECT HARM CAUSED TO THE ENVIRONMENT BY DISCHARGE OF CN & METALS TO THE CITY SEWER SYSTEM.

Defendants (1)

• PARKER METAL CORPORATIONNamed in complaintNamed in settlement

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 308A — Clean Water Act
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• PARKER METAL CORPORATIONentered 1987-09-11

  Primary law: CWA

  Federal penalty: $250,000

Timeline (8 milestones)

• 1985-06-28Referred To Headquarters
• 1985-07-29Referred To Dept Of Justice
• 1985-10-09Referred TO U.S. Attorney
• 1985-10-11Complaint Filed With Court
• 1987-09-11Final Order Lodged
• 1987-09-11Final Order Entered
• 1987-09-11Concluded
• 1990-06-12Enforcement Action Closed