EPA v. HERCULES INC

Case summary

SECTIONS 307(B) AND (D) OF THE CLEAN WATER ACT, 33 U.S.C. 1317(B) AND (D); 40 C.F.R. PARTS 403 AND 414 ARE THE BASES FOR PROPOSED ACTION AGAINST HERCULES INCORPORATED OF CHICOPEE, MA. HERCULES HAS VIOLATED THE NATIONAL PRETREATMENT STANDARD, FOUND AT 40 C.F.R. 403.5(B)(2), PROHIBITING THE DISCHARGE OF WASTEWATER WITH A PH LOWER THAN 5.0 INTO A POTW SINCE AT LEAST APRIL 1986. HERCULES ALSO HAS VIOLATED THE DAILY MINIMUM AND MAXIMUM PH LIMITATIONS IMPOSED BY THE CITY OF CHICOPEE DURING THIS SAME PERIOD. HERCULES ALSO VILATED THE NATIONAL CATEGORICAL PRETREATMENT STANDARDS FOR THE ORGANIC CHEMICALS, PLASTICS AND SYNTHETIC FIBERS POINT SOURCE CATEGORY (40 C.F.R. PART 414) FROM OCTOBER 1991 THRU AUGUST 1992. FINALLY ON JUNE 13, 1991, HERCULES VIOLATED THE PROHIBITION AGAINST DISCHARGING POLLUTANTS THAT PASS THROUGH THE POTW AT 40 C.F.R 403.5 BY DISCHARGING PRODUCT THAT PASSED THROUGH THE CHICOPEE POTW AND WAS DISCHARGED AS A WHITE PLUME INTO THE CONNECTICUT RIVER. THE CONSENT DECREE OR COURT ORDERED INJUNCTION SHOULD REQUIRE THE FACILITY TO REGULARLY MONITOR ITS DISCHARGES AND TO DEMONSTRATE CONTINUOUS COMPLIANCE WITH ALL APPLICABLE PRETREATMENT REQUIREMENTS OVER A PERIOD OF UP TO TWELVE MONTHS. IN ADDITION, HERCULES SHOULD PAY A CIVIL PENALTY. ON MARCH 6, 1992, EPA REGION I SENT TO HERCULES A LETTER PURSUANT TO 308 OF THE CLEAN WATER ACT, 33 U.S.C. 1318, SEEKING DETAILED INFORMATION ABOUT ITS OPERATIONS AT THE FACILITY AND REQUIRING REGULAR MONITORING OF THE FACILITY'S DISCHARGES TO POTW. THE REGION AMENDED THIS LETTER ON MARCH 12, 1992, AND HERCULES RESPONDED TO THE LETTER (AS AMENDED) ON APRIL 17, 1992. THE REGION ISSUED ANOTHER 308 LETTER FURTHER SETTING MONITORING REQUIREMENTS ON JULY 21, 1992. HERCULES HAS CONTINUED TO MONITOR ITS DISCHARGES PURSUANT TO THE 308 LETTERS AND TO SUBMIT REPORTS. THE REGION ALSO CONDUCTED INSPECTIONS AT THE FACILITY ON SEPTEMBER 18, 1991, AND ON JUNE 30 - JULY 1, 1992.

Defendants (1)

• HERCULES INCNamed in complaintNamed in settlement

Facilities (2)

• HERCULES INCORPORATED

  1111 GRATTAN STREET, CHICOPEE, MA, 010135209

  Registry ID: 110000307935

• HERCULES INCORPORATED

  1111 GRATTAN STREET, CHICOPEE, MA, 010135209

  Registry ID: 110000307935

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• HERCULES INCentered 1994-12-13

  Primary law: CWA

  Federal penalty: $250,000

Timeline (7 milestones)

• 1993-01-01Enforcement Action Data Entered
• 1993-03-31PRN Sent
• 1994-07-05Referred To Dept Of Justice
• 1994-10-17Complaint Filed With Court
• 1994-12-13Final Order Lodged
• 1994-12-13Final Order Entered
• 1994-12-13Concluded