EPA v. COLUMBIA MANUFACTURING COMPANY, INC.

Case summary

COLUMBIA MANUFACTURING COMPANY, INC. (COLUMBIA) MANUFACTURES BICYCLES AND SCHOOL FURNITURE AT ITS WESTFIELD FACILITY. PURSUANT TO THE CLEAN WATER ACT (CWA), COLUMBIA DISCHARGED APPROXIMATELY 200,000 GALLONS PER DAY (GPD) OF ITS PROCESS AND OTHER WASTEWATER THROUGH A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) OUTFALL TO THE LITTLE RIVER. INCLUDED IN THIS TOTAL WAS AT LEAST 39,500 GALLONS PER DAY OF NON-CONTACT COOLING WATER, GROUNDWATER AND STORMWATER. THE COMPANY WAS IN CHRONIC VIOLATION OF IT'S PERMIT MONTHLY AVERAGE LIMITATIONS ON HEXAVALENT CHROMIUM CONCENTRATION, AND ITS MAXIMUM DAILY LIMITATIONS ON HEXAVALENT CHROMINIUM AND COPPER CONCENTRATIONS, WITH OCCASIONAL VIOLATIONS OF PERMIT LIMITATIONS ON ZINC, NICKEL, AND OIL AND GREASE. COLUMBIA NOW DISCHARGES APPROXIMATELY 360,000 GALLONS PER DAY OF INDUSTRIAL WASTEWATER TO THE PUBLICLY OWNED TREATMENT WORKS (POTW) OWNED AND OPERATED BY WESTFIELD, MASSACHUSETTS. THE FLOW TO THE POTW IS ESTIMATED BY THE COMPANY SINCE THERE IS NO FLOW MEASURING DEVICE ON THIS DISCHARGE. FEDERAL CATEGORICAL PRETREATMENT REGULATIONS REQUIRE IT TO SAMPLE DISCHARGES TO THE POTW SEMI-ANNUALLY. HOWEVER, COLUMBIA ROUTES THE PROCESS WASTEWATER TO A POINT IN ITS SEWER LINE WHERE THE PROCESS WASTEWATER IS COMBINED WITH THE SANITARY WASTE OF THE PLANT. THUS, THE CONCENTRATION OF POLLUTANTS IN ITS PROCESS WASTEWATER IS DILUTED BY SANITARY WASTE FLOW GENERATED BY ITS EMPLOYEES, IN VIOLATION OF 40 C.F.R. S 403.6(D). COLUMBIA GENERATES AND IMPROPERLY STORES HAZARDOUS WASTE AT ITS FACILITY (RCRA 42 U.S.C SS6901 ET SEQ). COLUMBIA IS ALSO THE SUBJECT OF A FIVE YEAR OLD UNRESOLVED STATE RCRA ACTION FOR ITS FAILURE TO PROPERLY CLOSE TWO FORMER HAZARDOUS WASTE SURFACE IMPOUNDMENTS AT THE CYCLE STREET FACILITY.

Defendants (2)

• COLUMBIA MANUFACTURING COMPANY, INC.Named in complaintNamed in settlement
• MTD PRODUCTS, INC.

Facilities (2)

• COLUMBIA MANUFACTURING INCORPORATED

  1 CYCLE STREET, WESTFIELD, MA, 01085

  Registry ID: 110000308195

• COLUMBIA MANUFACTURING INCORPORATED

  1 CYCLE STREET, WESTFIELD, MA, 01085

  Registry ID: 110000308195

Statutes cited

• RCRA 3008H — Interim Status Corrective Action Order
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CWA 307D — Clean Water Act
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 7003A — Res Conserv & Rec Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MTD PRODUCTS AND COLUMBIA MFGentered 1993-08-11

  Primary law: CWA

  Federal penalty: $100,000

Timeline (6 milestones)

• 1990-01-13Enforcement Action Data Entered
• 1990-06-26Referred To Dept Of Justice
• 1991-02-22Complaint Filed With Court
• 1993-08-11Final Order Lodged
• 1993-08-11Final Order Entered
• 1993-08-11Concluded