EPA v. J.T. BAKER CHEM CO.

Case summary

THE PROPOSED COMPLAINT FILED WITH THIS LITIGATION REPORT SEEKS COMMENCEMENT OF A CIVIL ACTION AGAINST J.T. BAKER CHEM COMPANY, A SPECIALTY MANUFACTURER OF RELATIVELY SMALL LOTS OF OVER 450 INORGANIC CHEMICALS, FOR CONTINUED VIOLATION OF A NUMBER OF EFFLUENT CHARACTERISTICS LIMITED IN ITS NPDES PERMIT. IN ITS ACTION EPA SEEKS IMPOSITION OF CIVIL PENAL- TIES FOR VIOLATION OF NPDES PERMIT ISSUED TO BAKER AS PERMITTEE PURSUANT TO THE FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972, 33 USC SECTION 1251 ET SEQ., NOW THE CLEAN WATER ACT. THE GOV'T ALSO SEEKS TO OBTAIN EQUITABLE RELIEF AGAINST BAKER WITH A GOAL OF TERMINATING WHAT HAS BEEN THE ESSENTIALLY CONTINUAL VIOLATIONS OF THE TERMS AND CONDITIONS OF ITS PERMIT SINCE THE EFFECTIVE DATE, 7/31/74. THE MAJOR PERMIT VIOLATION WHICH THE INJUNCTION SOUGHT HEREIN ADDRESSES IS VIOLATION OF EFFLUENT LIMITATIONS CON- TAINED IN BAKER'S PERMIT WHICH LIMIT AVERAGE AND MAXIMUM DISCHARGE QUANTITIES OF CERTAIN CHARACTERISTICS OF THE EF- FLUENT, INCLUDING BOD-5, TSS, AND AMMONIA NITROGEN. AS A RESULT OF AN ADMINISTRATIVE ACTION COMMENCED BY EPA ON MAY 29 1981 PURSUANT TO 33 USC SECTION 1319, ADDITIONAL VIOLA- TIONS INVOLVING CHIEFLY LEAD, BUT TO A SMALLER EXTENT COPPER AND MERCURY AS WELL, WERE SUBSEQUENTLY EFFECTIVELY CURED BY BAKER. BECAUSE A CONSENT DECREE (CD) HAS ALREADY BEEN FILED AND APPROVED BY THE COURT, EPA SUBMITS HEREWITH A MOTION TO VACATE AND SET ASIDE THE CD AND A MOTION FOR LEAVE TO INTERVENE AS PLAINTIFF. GROUNDS FOR THE MOTION TO VACATE & SET ASIDE ARE (1) THAT EPA HAD BEEN IN THE PROCESS OF NEGOTIATING A SETTLEMENT OF ITS CLAIMS AGAINST THE DEFENDANT BASED UPON VIOLATIONS OF ITS PERMIT UNTIL JANUARY 1983, AND (2) THAT NO ADEQUATE ADVANCE NOTICE HAD BEEN GIVEN TO EPA OF ATTAINMENT OF A CONSENT BY PLAINTIFFS AND DEFENDANT, INDI- CATING THAT FILING OF THE CD WAS IMMINENT, AND (3) THAT EPA IS AN INDISPENSABLE PARTY TO ASSURE RESOLUTION OF THE ALLEGATIONS BROUGHT IN PLAINTIFFS' COMPLAINT IN ACCORDANCE W WITH THE REQUIREMENTS OF THE CWA, AND (4) THAT NO PARTY TO THE PRESENT CONSENT PROCESS WILL BE PREJUDICED BY SETTING ASIDE THE CONSENT DECREE.

Defendants (1)

• J.T. BAKER CHEMICAL COMPANYNamed in complaintNamed in settlement

Facilities (4)

• MALLINCKRODT BAKER INCORPORATED

  600 N. BROAD ST., PHILLIPSBURG, NJ, 08865

  Registry ID: 110000322311

• MALLINCKRODT BAKER INCORPORATED

  600 N. BROAD ST., PHILLIPSBURG, NJ, 08865

  Registry ID: 110000322311

• MALLINCKRODT BAKER INCORPORATED

  600 N. BROAD ST., PHILLIPSBURG, NJ, 08865

  Registry ID: 110000322311

• MALLINCKRODT BAKER INCORPORATED

  600 N. BROAD ST., PHILLIPSBURG, NJ, 08865

  Registry ID: 110000322311

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• J.T. BAKER CHEMICAL COMPANYentered 1984-01-19

  Primary law: CWA

  Federal penalty: $10,000

Timeline (8 milestones)

• 1983-03-22Referred To Headquarters
• 1983-04-11Referred To Dept Of Justice
• 1983-04-19Referred TO U.S. Attorney
• 1983-10-17Complaint Filed With Court
• 1984-01-19Concluded
• 1984-01-19Final Order Lodged
• 1984-01-19Final Order Entered
• 1985-06-19Enforcement Action Closed