EPA v. JAMES RIVER PAPER COMPANY INC

Case summary

THE VIOLATIONS FOR WHICH WE PROPOSE TO SEEK PENALTIES AROSE FOR THE MOST PART OUT OF A SULFURIC ACID SPILL ON JULY 15, 1993. THE SPILLED SULFURIC ACID MIGRATED TO THE BERLIN SEWER SYSTEM AND KILLED THE BIOLOGICAL COMMUNITY AT THE PLANT BE- CAUSE OF THE EXTREMELY LOW PH OF THE SPILLED ACID. AS A RESULT, THE BERLIN PLANT VIOLATED THE PH LIMITS OF ITS OWN NPDES PERMIT. CWA VIOLATIONS: THIS INCIDENT VIOLATED FEDERAL PROHIBITIONS AGAINST 1) DISCHARGES WHICH CAUSE PUBLICLY OWNED TREATMENT WORKS (POTW) TO VIOLATE THEIR PERMITS, AND 2) DISCHARGES WITH A PH LOWER THAN 5.0. RCRA VIOLATIONS: THE JULY 15, 1993 SPILL CONSTITUTED AN ILLEGAL DISPOSAL OF HAZARDOUS WASTE IN VIOLATION OF SECTION 3005 OF RCRA. CERCLA VIOLATIONS: JAMES RIVER FAILED TO COMPLY WITH EMERGENCY NOTIFICATION PROVISIONS OF SECTION 103(A) CERLCA. EPCRA VIOLATION: JAMES RIVER FAILED TO COMPLY WITH EMERGEN- CY NOTIFICATION PROVISIONS OF SECTION 304 OF EPCRA. IN ADDITION TO THE VIOLATIONS RESULTING FROM THE SPILL, THE COMPLAINT ALLEGES SEPARATE VIOLATIONS OF THE FEDERAL PRETREATMENT PH LIMIT. THE LAB AT THE PAPER MILL WAS TIED DIRECTLY INTO THE SEWER LINE CAUSING THE PH OF THE WASTE- WATER FROM THE ENTIRE FACILITY TO FALL BELOW FEDERAL PH LIMIT VIRTUALLY EVERY DAY OF OPERATION.

Defendants (1)

• JAMES RIVER PAPER COMPANY INCNamed in complaintNamed in settlement

Facilities (1)

• PULP & PAPER OF AMERICA LLC

  UNITY STREET, BERLIN, NH, 03570

  Registry ID: 110022501675

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• JAMES RIVER COMPANYentered 1996-08-27

  Primary law: CWA

  Federal penalty: $200,000

Timeline (7 milestones)

• 1993-12-01Enforcement Action Data Entered
• 1994-03-31PRN Sent
• 1995-05-02Referred To Dept Of Justice
• 1995-05-16Complaint Filed With Court
• 1996-08-27Final Order Lodged
• 1996-08-27Final Order Entered
• 1996-08-27Concluded