EPA v. SOUTHLAND CORP

Case summary

CASE SUMMARY THE SOUTHLAND CORPORATION ( SOUTHLAND ) OPERATES A CUSTOM AND SPECIALTY ORGANIC CHEMICAL MANUFACTURING FACILITY IN GREAT MEADOWS, WARREN COUNTY, NEW JERSEY. ON SEPTEMBER 11, 1975, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ISSUED A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES ) PERMIT NO. NJ0005291 ( THE PERMIT ) UNDER SECTION 402 OF THE CLEAN WATER ACT TO ASHLAND CHEMICAL COMPANY FOR THE DISCHARGE OF POLLUTANTS AT THE GREAT MEADOWS FACILITY INTO AN UNNAMED TRIBUTARY (DRAINAGE DITCH) OF THE PEQUEST RIVER, CLASSIFIED FW-2 TROUT MAINTENANCE. BY ITS TERMS, THE PERMIT BECAME EFFECTIVE ON OCTOBER 31,1975 AND EXPIRED ON OCTOBER 31, 1980. THE PERMIT REMAINS IN EFFECT BY VIRTUE OF THE A.P.A. AND STATE LAW EQUIVALENT. TIMELY AND COMPLETE REAPPLICATION WAS MADE BY SOUTHLAND. ASHLAND CHEMICAL COMPANY CONVEYED THE ENTIRE FACILITY TO SOUTHLAND ON OR ABOUT MAY 1, 1978. MODIFICATION OF THE PERMIT (ATTACHMENT 1) WAS MADE IN ACCORDANCE WITH A STIPULATION DATED APRIL 28, 1978 SETTLING AN ADJUDICATORY HEARING CONTESTING THE PERMIT (ATTACHMENT 2). ANY REFERENCE IN THIS REPORT TO THE PERMIT MEANS THE PERMIT AS MODIFIED. THE PERMITS SETS FORTH DISCHARGE LIMITATIONS FOR OUTFALL 001 WHICH HAD TO BE ACHIEVED BY ASHLAND CHEMICAL COMPANY AND, SUBSEQUENTLY, SOUTHLAND, BY JULY 1, 1977, FOR, INTER ALIA, THE EFFLUENT CHARACTERISTICS FIVE DAY BIOCHEMICAL OXYGEN DEMAND ( BOD ), TOTAL SUSPENDED SOLIDS ( TSS ), COLOR CHLORINE RESIDUAL, AND AMONIA. ADDITIONAL LIMITATIONS WERE IMPOSED IN THE PREMIT BY THE NJDEP PURSUANT TO SETTLEMENT OF THE ADJUDICATORY HEARING. VIOLATION OF THESE LATTER CONDITIONS PROVIDES THE KEYSTONE TO THIS REFERRAL. PART1, CONDITION C.2. OF THE PERMIT REQUIRES THAT SOUTHLAND SUBMIT MONTHLY DISCHARGE MONITORING REPORTS ( DMR'S ) TO EPA AND THE NJDEP INDICATING THE LEVELS OF OF POLLUTANTS IN ITS DISCHARGE. SINCE JULY OF 1977, SOUTHLAND HAS SUBMITTED DMR'S INDICATING SUBSTANTIAL VIOLATIONS OF ITS DISCHARGE LIMITATIONS. INSPECTIONS PERFORMED BY THE NJDEP AND EPA AND BIOASSAYS PERFORMED BY THE EPA HAVE ALSO REVEALED A PATTERN OF NONCOMPLIANCE. DURING THE PAST FIVE YEAR PERIOD OF VIOLATIONS OF CONDITIONS REFLECTING BEST PRACTICABLE CONTROL (BPT) AND WATER QUALITY STANDARDS, THE COMPANY HAS EVIDENCED A COMMITMENT, ALBEIT LEISURELY, TO INSTALL THE NECESSARY POLLUTION CONTROL EQUIPMENT. IN JANUARY 1983, SOUTHLAND COMPLETED CONSTRUCTION OF A TERTIARY CARBON FILTRATION SYSTEM DEDICATED TO REMOVE THE COLOR AND TOXICITY COMPONENTS OF ITS PROCESS DISCHARGE. ALTHOUGH A FEW MONTHS OF SHAKEDOWN MAY STILL BE REQUIRED, THE RESULTS DEMONSTRATE COMPLIANCE WITH THE PERMIT FOR ALL EFFLUENT CHARACTERESTICS EXCEPT TDS, A RELATIVELY INNOCUOUS POLLUTANT. THE COMPANY'S FEBRUARY '83 BIOASSAY REVEALED NO TOXICITY. THE EPA'S JUNE '83 BIOASSAY, HOWEVER, REVEALED CONTINUED TOXICITY IN VIOLATION OF THE PERMIT. PENALTY SETTLEMENT FIGURES HAVE BEEN HELD IN ABEYANCE IN LIGHT OF APPARENT CONTINUING NONCOMPLIANCE. GOVERNMENT IS PREPARING INTERROGATORIES AND REQUESTS FOR DOCUMENTS. THE SHAKEDOWN PERIOD HAS CONCLUDED.

Defendants (1)

• SOUTHLAND CORPNamed in complaintNamed in settlement

Facilities (1)

• SOUTHLAND CORPORATION

  ALPHANO ROAD, GREAT MEADOWS, NJ, 07838

  Registry ID: 110010354614

Statutes cited

• CWA 402 — Clean Water Act

Enforcement conclusions (1)

• SOUTHLAND CORPORATIONentered 1985-05-28

  Primary law: CWA

  Federal penalty: $100,000

Timeline (8 milestones)

• 1983-05-03Referred To Headquarters
• 1983-05-06Referred To Dept Of Justice
• 1983-05-06Referred TO U.S. Attorney
• 1983-05-06Complaint Filed With Court
• 1985-05-28Final Order Lodged
• 1985-05-28Final Order Entered
• 1985-05-28Concluded
• 1991-02-28Enforcement Action Closed