EPA v. INDEPENDENT PLATING COMPANY, INC. ET AL.

Case summary

THIS CASE INVOLVES VIOLATIONS OF THE PRETRMT REQUIRE- MENTS OF THE CWA BY INDEPENDENT PLATING CO, INC, AN ELECTRO- PLATER IN WORCESTER, MA. INDEPENDENT DISCHARGES APPROX 40,000 TO 100,000 GPD OF INDUSTRIAL WASTEWATER INTO THE UPPER BLACKSTONE WATER POLLU- TION ABATEMENT DISTRICT (UBWPAD) POTW AT MILLBURY, MA. THE HIGH CONCENTRATIONS OF TOT CN, TOT CR, TOT NI, TOT ZN, & TOT METALS VIOLATE THE ELECTROPLATING NATIONAL CATEGORICAL STDS AT 40 CFR PART 413. INDEPENDENT ALSO FAILED TO COMPLY W/THE MONITORING & REPORTING REQUIREMENTS OF THE GENERAL PRETRMT REGS AT 40 CFR SECT 403.12. THE DEF OPERATES AN ELECTROPLATING FACILITY IN WHICH A LARGE PORTION OF THE PRODUCTS PLATED ARE PARTS FOR METAL FURNITURE MFG. THE COMPANY USES 5 PLATING LINES WHOSE RINS- ES & OVERFLOWS ARE COLLECTED & DISCHARGED THRU 2 OUTFALLS TO THE SANITARY SEWER SYSTEM WHERE, AFTER TRMT, THE EFFLUENT FLOWS INTO THE BLACKSTONE RIVER. INDEPENDENT DOES NOT PRETREAT ANY OF ITS WASTEWATERS PRIOR TO DISCHARGE TO THE SEWER. AVAILABLE DATA SHOW CONSISTENT VIOLATIONS OF APPLI- CABLE LIMITS. THE UBWPAD DOES NOT YET HAVE AN APPROVED PRETRMT PGM; THEREFORE EPA IS THE LEAD ENFORCEMENT AUTHORITY TO BRING SUIT. VIOLATIONS: INDEPENDENT IS AN EXISTING, 'NON-INTEGRATED' FACILITY & WAS REQUIRED TO BE IN COMPLIANCE W/PSES FOR METALS & CN BY 4/27/84, PURSUANT TO 40 CFR PART 413. THE STDS APPLICABLE FOR THE DEF FALL UNDER THE ELECTROPLATING OF COMMON METALS SUBCATEGORY, FOUND AT 40 CFR 413.10-.14. INDEPENDENT'S DIS- CHARGES EXCEED THE DAILY MAX LIMITATIONS IN THIS SUBCAT, & THEREFORE VIOLATE 40 CFR 413.14(C) & SECT 307(D) OF CWA. INDEPENDENT WAS REQUIRED BY 40 CFR 403.12(B) TO SUBMIT A BASELINE MONITORING REPORT (BMR) ON CYANIDES & METALS BY SEPT. 12, 1981. TO DATE, THE REGION HAS NO RECORD OF HAVING REC'D SUCH A REPORT. IN ADDITION, IT WAS REQUIRED TO SUBMIT A BMR ON TOT TOXIC ORGANICS BY FEB 24, 1984, & THE REGION HAS NO RECORD OF HAVING REC'D THIS REPORT. INDEPENDENT WAS REQUIRED TO SUBMIT PERIODIC COMPLIANCE REPORTS IN JUN & DEC, 1984, & JUNE 1985, FOR CN & METALS. ITS FAILURE TO DO SO VIOLATES 40 CFR 403.12(E) & SECT'S 307(D) & 308(A) OF THE CWA. FINALLY, INDEPENDENT WAS REQUIRED BY 40 CFR 403.12(D) TO SUBMIT A REPORT ON COMPLIANCE BY JULY 26, 1984. IT HAS NOT DONE SO TO DATE. THE REGION RECOMMENDS THAT EPA INITIATE SETTLEMENT NE- GOTIATIONS PRIOR TO FILING W/DOJ. ANY RESOLUTION MUST EN- SURE THAT DEF INSTALLS FACILITIES CAPABLE OF REDUCING THE DISCHG OF POLLUTANTS TO W/I THE FED LIMITS, & THAT DEF COM- PLIES W/FED MONITORING & REPORTING REQUIREMENTS. THE COM- PLAINT SEEKS PENALTIES OF $10,000/DAY OF VIOLATION.

Defendants (2)

• INDEPENDENT PLATING COMPANY, INC.Named in complaintNamed in settlement
• WORCESTER MANUFACTURING, INC.

Facilities (1)

• INDEPENDENT PLATING COMPANY

  35 NEW ST., WORCESTER, MA, 01605

  Registry ID: 110000309256

Statutes cited

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

Enforcement conclusions (1)

• INDEPENDENT PLATING COMPANYentered 1986-09-15

  Primary law: CWA

  Federal penalty: $75,000

Timeline (8 milestones)

• 1985-11-01Enforcement Action Data Entered
• 1985-12-31Referred To Headquarters
• 1986-02-05Referred To Dept Of Justice
• 1986-07-08Complaint Filed With Court
• 1986-09-15Final Order Lodged
• 1986-09-15Final Order Entered
• 1986-09-15Concluded
• 1987-06-30Enforcement Action Closed