EPA v. GRIMMEL(NC)(LEAD)

Case summary

On April 15, 2020, the Federal District Court for the District of Maine granted final approval of a settlement between the United States and Grimmel Industries, Inc., Grimmel Industries, L.L.C., and Kennebec Scrap Iron, Inc. The three closely related companies agreed to comply with their Clean Water Act industrial stormwater permits and to pay $250,000 to resolve claims involving facilities in Topsham, Lewiston, and Oakland, Maine. The facilities are involved in sorting, shredding, storing, and transferring processed scrap metal for recycling. State and federal EPA inspections revealed numerous violations of state industrial stormwater permit requirements and of federal oil spill prevention regulations. Metal scrapyards can discharge pollutants through stormwater including suspended solids and many other pollutants which present the potential to harm human health, the environment, and aquatic ecosystems. Region 1 worked cooperatively with the Maine Department of Environmental Protection in this action. On September 30, 2014, the Region referred to the Department of Justice a case against Grimmel Industries, Inc. and Grimmel Industries, L.L.C. (Grimmel Entities) for violations of Section 301 of the Clean Water Act (CWA) and of its federal and state multi-sector general permits for the discharge of stormwater (MSGPs). The Grimmel Entities, located in Portsmouth, New Hampshire, Lewiston, Maine and Topsham, Maine, collect, sort, shred, store and transfer processed scrap metal for recycling. Violations of MSGPs at all three facilities include failure to maintain best management practices, poor housekeeping, inadequate training, deficient stormwater pollution prevention plans, and failure to properly inspect, monitor, and report as required by the MSGPs. EPA has also documented violations of unpermitted pollutant discharges at one facility and violations of the Spill Prevention Control and Countermeasure requirements.

Defendants (3)

• KENNEBEC SCRAP IRON INCNamed in complaintNamed in settlement
• GRIMMEL INDUSTRIES INCNamed in complaintNamed in settlement
• GRIMMEL INDUSTRIES LLCNamed in complaintNamed in settlement

Facilities (4)

• GRIMMEL INDUSTRIES

  80 PEJEPSCOT VILLAGE, TOPSHAM, ME, 04086

  Registry ID: 110021131639

• GRIMMEL INDUSTRIES LLC

  50 RIVER ROAD, LEWISTON, ME, 04240-1020

  Registry ID: 110039664315

• GRIMMEL INDUSTRIES

  555 MARKET STREET, PORTSMOUTH, NH, 03801

  Registry ID: 110042371876

• GRIMMEL INDUSTRIES - KENNEBEC SCRAP IRON

  48 BROOMHANDLE ROAD, BANGOR, ME, 04963

  Registry ID: 110063600688

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• GRIMMEL(NC)(LEAD)entered 2020-04-15

  Primary law: CWA

  Federal penalty: $250,000

Timeline (6 milestones)

• 2013-10-29Enforcement Action Data Entered
• 2014-09-30Referred To Dept Of Justice
• 2015-07-16Supplemental Referral-Adding parties, counts
• 2016-04-01Complaint Filed With Court
• 2020-02-10Final Order Lodged
• 2020-04-15Final Order Entered