EPA v. LS STARRET_COMPANY

Case summary

SECTIONS 307(B) AND (D) OF THE CLEAN WATER ACT, 33 U.S.C. 1317 (B) AND (D), SECTION 308(A) OF THE CLEAN WATER ACT, 33 U.S.C. 1318(A), 40 C.F.R. PARTS 403 AND 433 ARE THE STATU- TORY AND REGULATORY BASES FOR PROPOSED ACTION AGAINST L.S. STARRETT OF ATHOL, MA. STARRETT VIOLATED THE NATIONAL CATEGORICAL PRETREATMENT STANDARDS AT C.F.R. 433.15 FOR EXISTING METAL FINISHING FACILITIES BY DISCHARGING WASTE- WATER WITH CONCENTRATIONS OF COPPER, ZINC AND LEAD IN EXCESS OF DAILY MAXIMUM AND MONTHLY LIMITATIONS INTO THE ATHOL PUBLICLY OWNED TREATMENT WORKS. STARRETT HAS ALSO VIOLATED THE NATIONAL PRETREATMENT STANDARD, FOUND AT 40 C.F.R. 403.5 (B)(2) PROHIBITING THE DISHCHARGE OF WASTEWATER WITH A PH LOWER THAN 5.0 INTO A POTW. ALSO, STARRETT VIOLATED GENERAL PRETREATMENT REGULATIONS BY FAILING TO COMPLY WITH CERTAIN OF THE REPORTING REQUIREMENTS ST FORTH AT 40 C.F.R. 403.12. IN ORDER TO ACHIEVE AND MAINTAIN COMPLIANCE, STARRETT WILL NEED TO INSTALL PRETREATMENT EQUIPMENT. REGION I RECENTLY SETTLED AN ENFORCEMENT ACTION AGAINST STARRETT FOR FAILURE TO SUBMIT TOXIC RELEASE INVENTORY REPORTS UNDER SECTION 313 OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT OF 1986 (EPCRA) 42 U.S.C. 11001 ET SEQ. THE DECISION TO INTIATE EPA ENFORCEMENT ACTION WAS MADE IN JULY, 1992 AFTER RECEIPT OF MONITORING DATA SHOWING VIOLATIONS AND AFTER REVIEW OF THE INFORMATION GATHERED DURING THE INSPECTION OF THE FACILITY.

Defendants (1)

• LS STARRETT COMPANYNamed in complaintNamed in settlement

Facilities (2)

• L S STARRETT COMPANY

  121 CRESCENT STREET, ATHOL, MA, 01331

  Registry ID: 110000308603

• L S STARRETT COMPANY

  121 CRESCENT STREET, ATHOL, MA, 01331

  Registry ID: 110000308603

Statutes cited

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

Enforcement conclusions (1)

• LS STARRET COMPANYentered 1994-05-12

  Primary law: CWA

  Federal penalty: $325,000

Timeline (7 milestones)

• 1992-08-01Enforcement Action Data Entered
• 1992-12-30PRN Sent
• 1993-09-30Referred To Dept Of Justice
• 1994-03-07Complaint Filed With Court
• 1994-05-12Final Order Lodged
• 1994-05-12Final Order Entered
• 1994-05-12Concluded