EPA v. MICROFAB & SEMICON, INC.

Case summary

THE REGION PROPOSES THE FILING OF A CIVIL ACTION FOR INJUNC- TIVE RELIEF AND PENALTIES UNDER SECT 309(B) AND (D) OF THE CWA (THE ACT ) 33 U.S.C. 1319 (B) AND (D), AGAINST MICROFAB INC. FOR VIOLATION OF THE TERMS OF THE CO.'S NPDES PERMITS, AND THE TERMS OF 2 ADMIN. ORDERS, SPECIFICALLY THE INTERIM EFFLUENT LIMITS AND THE SCHEDULES FOR THE CONSTRUCTION OF THE WASTEWATER TREATMENT FACILITY CONTAINED THEREIN. THE REG HAS ASCERTAINED THAT A CIVIL ACTION IS APPROPRIATE IN THIS CASE, IN LIGHT OF THE EVIDENCE OF THE RECALCITRANCE ON THE PART OF MICROFAB, TO ENSURE THAT THE CO. COMES INTO COMPLIANCE W/THE CWA ASAP AND REMAINS IN COMPLIANCE. IN ADDITION, EPA IS SEEKING THE IMPOSITION OF A PENALTY FOR PAST AND CONTINUING PERMIT VIOLATIONS. THE MA DEQE HAS NOT BEEN DELEGATED THE AUTHORITY TO AD- MINISTER THE NPDES PERMIT PROGRAM. EPA HAS, HOWEVER, CON- SULTED W/THE STATE REGARDING THE BRINGING OF THIS ACTION. DEQE HAS AGREED THE EPA IS THE LEAD ENFORCEMENT AUTHORITY TO BRING SUIT AGAINST MICROFAB.

Defendants (2)

• MICROFAB, INC.Named in complaintNamed in settlement
• SEMICON, INC.Named in complaintNamed in settlement

Facilities (1)

• MICROFAB INC

  106 HAVERHILL RD (RTE 110),, AMESBURY, MA, 01913

  Registry ID: 110009289616

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 504 — Emergency Powers
• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (2)

• MICROFAB, INC.entered 1990-08-27

  Primary law: CWA

  Federal penalty: $875,000

• SEMICON, INC.entered 1991-01-09

  Primary law: CWA

Timeline (8 milestones)

• 1987-03-31Enforcement Action Data Entered
• 1987-03-31Referred To Dept Of Justice
• 1987-04-10Referred TO U.S. Attorney
• 1987-09-25Complaint Filed With Court
• 1991-01-09Final Order Lodged
• 1991-01-09Final Order Entered
• 1991-01-09Concluded
• 1991-07-31Enforcement Action Closed