EPA v. GENERAL ELECTRIC - WATERFORD (SILICONE PROD. DIV)

Case summary

SYNOPSIS GE OWNS AND OPERATES A SILICONE PROCESS RESEARCH AND MANU- FACTURING FACILITY THAT HAS BEEN IN VIOLATION OF BOTH NPDES AND STATE POLLUTION DISCHARGE ELIMINATION SYSTEM (SPDES) PERMITS SINCE 1977. GE HAS EXCEEDED TECHNOLOGY-BASED EFF- LUENT LIMITATIONS FOR NUMEROUS PARAMETERS AS WELL AS STATE WATER QUALITY-BASED LIMITATIONS FOR VISIBLE SHEEN. GE HAS ALSO VIOLATED CERTAIN PERMIT REPORTING REQUIREMENTS. THE GE PLANT IS 8000 FEET UPSTREAM FROM THE WATERFORD VILLAGE, NY, DRINKING WATER SOURCE INTAKE POINT. THE COMPLAINT SEEKS STATUTORY CIVIL PENALTIES FOR EACH DAY GE IS FOUND TO BE IN VIOLATION OF THE ACT AND INJUNCTIVE RELIEF REQUIRING BOTH PERMIT COMPLIANCE AND THE ESTABLISHMENT OF A MONITORING AND REPORTING PROGRAM. ISSUES OF PRECEDENTIAL SIGNIFICANCE THE REGION IS RECOMMENDING THAT THIS CASE BE FILED BEFORE 5/15/84 IN ORDER TO WIN A RACE TO THE COURTHOUSE WITH A CITIZEN'S GROUP THAT HAS GIVEN A 60-DAY NOTICE OF INTENT TO SUE GE. IF FILING OCCURS BY THAT DATE, THERE MAY BE AN AT- TEMPT BY THE CITIZEN'S GROUP TO INTERVENE. SUCH INTERVEN- TION MAY AFFECT THE AGENCY STRATEGY IN THIS CASE, AND THIS POSSIBILITY OF INTERVENTION HAS PRECEDENTIAL SIGNIFICANCE. GE HAS RAISED AS AN AFFIRMATIVE DEFENSE THAT, SINCE ITS PERMIT LIMITS WERE BASED ON BEST PROFESSIONAL JUDGEMENT (BPJ) AND 99% CONFIDENCE LIMITS , VIOLATIONS OF ITS PERMIT EFFLUENT LIMITS ARE NOT ACTIONABLE WHERE THEY REPRESENT 99% COMPLIANCE. GE MAY CHOOSE TO LITIGATE ON THIS ISSUE, FOR ITS PRECEDENTIAL VALUE. * FACILITY NAME: GENERAL ELECTRIC (SILICONE PRODUCT DIV) 260 HUDSON RIVER ROAD WATERFORD, NY. 12188 OWNERSHIP: PRIVATE SIC CODE: 2869, 2820 & 2821 EPID# NYD002080034

Defendants (1)

• GENERAL ELECTRIC CONamed in complaintNamed in settlement

Facilities (3)

• GENERAL ELECTRIC COMPANY SILICONE PRODUCTS

  260 HUDSON RIVER RD., WATERFORD, NY, 12188

  Registry ID: 110000324435

• GENERAL ELECTRIC COMPANY SILICONE PRODUCTS

  260 HUDSON RIVER RD., WATERFORD, NY, 12188

  Registry ID: 110000324435

• GENERAL ELECTRIC COMPANY SILICONE PRODUCTS

  260 HUDSON RIVER RD., WATERFORD, NY, 12188

  Registry ID: 110000324435

Statutes cited

• CWA 402 — Clean Water Act
• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• GENERAL ELECTRIC COMPANYentered 1987-02-20

  Primary law: CWA

  Federal penalty: $132,500

Timeline (9 milestones)

• 1984-04-18Enforcement Action Data Entered
• 1984-05-14Referred To Headquarters
• 1984-05-15Referred To Dept Of Justice
• 1984-05-15Referred TO U.S. Attorney
• 1984-05-15Complaint Filed With Court
• 1987-02-20Final Order Lodged
• 1987-02-20Final Order Entered
• 1987-02-20Concluded
• 1989-04-01Enforcement Action Closed