EPA v. ALLENS MANUFACTURING COMPANY., INC.

Case summary

THE REGION PROPOSES THE FILING OF A CIVIL ACTION FOR INJUNCTIVE RELIEF AND PENALTIES UNDER SECTION 309(B) AND(D) OF THE CLEAN WATER ACT, 33 U.S.C. 1319(B) AND (D) AGAINST ALLEN MANUFACTURING CO., INC. FOR VIOLATIONOF FEDERAL AND LOCAL PRETREATMENT STANDARDS AND REPORTING REQUIREMENTS. ALLENS IS SUBJECT TO THESE STANDARDS AND REPORTING REQUIREMENTS BECAUSE IT IS AN INDUSTRIAL USER OF A PUBLICLY OWNED TREATMENT WORKS. ALLENS DISCHARGES APPROXIMATELY 75,000 GALLONS PER DAY OF INDUSTRIAL WASTEWATER FROM ITS ELECTROPLATING AND METAL FINISHING FACILITY IN PROVIDENCE, RHODE ISLAND. OF THIS AMOUNT APPROXIMATELY 50,000 TO 60,000 GALLONS PER DAY IS ELECTROPLATING AND METAL FINISHING PROCESS WASTEWATER. UNDER EPA'S PRETREATMENT REGULATIONS, ALLENS IS NOW CLASSIFIED AS A METAL FINISHER; HOWEVER, FROM APRIL 27, 1984 UNTIL FEBRUARY 14, 1986, IT WAS CLASSIFIED AS AN ELECTRO- PLATER. FROM APRIL 27, 1984 UNTIL AT LEAST JANUARY, 1986, THE HIGH CONCENTRATIONS OF TOTAL COPPER, TOTAL NICKEL, TOTAL ZINC, TOTAL CYANIDE IN ALLEN'S DISCHARGE TO THE POTW VIOLATED THE NATIONAL CATEGORICAL STANDARDS FOR ELECTRO- PLATING POINT SOURCE CATEGORY AT 40 C.F.R. PART 413. VIOLATIONS: 2/15/86-9/88 40 C.F.R. PART 433 7/1/87-9/15/87 40 C.F.R. 403.5(C) R.I.C.L. 46-25-25 9/16/87-11/3/88 NBC PRETREATMENT STANDARDS 40 C.F.R. 403.12 308(A) 33U.S.C. 1318(A) THE REGION BELIEVES THIS CASE IS PARTICULARLY APPROPIATE IN LIGHT OF ALLENS' LATE COMPLIANCE WITH APPLICABLE FEDERAL AND LOCAL PRETREATMENT STANDARDS. AS A RESULT OF ITS NONCOMPLIANCE, ALLENS HAS ENJOYED SIGNIFICANT ECONOMIC BENEFIT. ENFORCEMENT ACTION SEEKS CIVIL PENALTIES FOR ALLENS' DELAYED COMPLIANCE AND INJUNCTIVE RELIEF TO ENSURE THAT ALLENS IS PREVENTED FROM DISCHARGING TO THE POTW EXCEPT IN COMPLIANCE WITH FEDERAL AND LOCAL PRETREATMENT STANDARDS AND REQUIREMENTS.

Defendants (1)

• ALLENS MANUFACTURING CO., INCNamed in complaintNamed in settlement

Facilities (2)

• ALLENS MANUFACTURING

  89 SHIPYARD ST., PROVIDENCE, RI, 029050000

  Registry ID: 110000820041

• ALLENS MANUFACTURING

  89 SHIPYARD ST., PROVIDENCE, RI, 029050000

  Registry ID: 110000820041

Statutes cited

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

Enforcement conclusions (1)

• ALLENS MANUFACTURING CO.entered 1991-05-21

  Primary law: CWA

  Federal penalty: $210,000

Timeline (7 milestones)

• 1989-01-04Enforcement Action Data Entered
• 1989-06-30Referred To Dept Of Justice
• 1990-01-26Complaint Filed With Court
• 1991-05-21Final Order Lodged
• 1991-05-21Final Order Entered
• 1991-08-31Concluded
• 1991-08-31Enforcement Action Closed