EPA v. OMARK CARIBBEAN, INC.

Case summary

OMARK CARIBBEAN, INC. IS A SAW CHAIN MANUFACTURING COM- PANY WHICH HAS CONSISTENTLY VIOLATED ITS PERMIT CONDITIONS SINCE OCT.,1980, PRIMARILY DUE TO A DELAY OF OVER SIX YEARS IN INSTALLATION OF A BPT TREATMENT SYSTEM AS REQUIRED BY AN EPA ENFORCEMENT COMPLIANCE SCHEDULE LETTER OF JANUARY, 1978. THE CO. DISCHARGES INTO A SMALL UNNAMED TRIBUTARY OF THE BAYAMON RIVER, DESIGNATED SD AS A SOURCE OF DRINKING WATER BY THE WATER QUALITY STANDARDS OF PR. DUE, IN PART, TO FAILURE TO SUBMIT A TIMELY RENEWAL AP- PLICATION PRIOR TO THE EXPIRATION DATE OF ITS FIRST ROUND PERMIT, EPA ISSUED AN ORDER TO SHOW CAUSE TO OMARK ON SEPT. 30, 1981, FINDING THAT OMARK HAD VIOLATED ITS EFFLUENT LIMITATIONS ON NUMEROUS OCCASIONS, HAD FAILED TO CONSTRUCT NECESSARY TREATMENT FACILITIES, AND WAS DISCHARGING POLLU- TANTS WITHOUT AN EFFECTIVE NPDES PERMIT. A COMPLETE, RE- VISED RENEWAL APPLICATION WAS NOT SUBMITTED TO EPA UNTIL MAY 31, 1983; THUS OMARK CONTINUED TO DISCHARGE POLLUTANTS WITHOUT AN EFFECTIVE NPDES PERMIT UNTIL DEC. 1, 1983, THE EFFECTIVE DATE OF ITS SECOND ROUND PERMIT. EPA AND EQB COM- PLIANCE INSPECTIONS DURING 1982, 1983, AND 1984 DISCLOSED NUMEROUS MONITORING, REPORTING AND MANAGEMENT RESPONSIBILITY VIOLATIONS; AND OMARK'S DMR'S DEMONSTRATE A CONSISTENT PAT- TERN OF SIGNIFICANT EFFLUENT LIMITATION VIOLATIONS DATING FROM JAN., 1981. IN ADDITION, OMARK HAS BEEN DELINQUENT IN SUBMISSION OF ITS DMR'S. OMARK HAS STATED THAT IT HAS ENGAGED IN NEGOTIATIONS FOR CONSTRUCTION OF AN ADVANCED BAT-TYPE WASTEWATER TRTMT SYSTEM SINCE EARLY 1981, AND HAS INDICATED TO EPA THAT CON- STRUCTION AND INSTALLATION WOULD BE COMPLETED BY LATE 1983. AS OF APRIL 26, 1984, THIS SYSTEM HAD BEEN DELIVERED BUT WAS NOT YET OPERATIONAL. THE REGION IS CONCERNED THAT, EVEN WHEN INSTALLED, THIS PROPOSED SYSTEM MAY NOT BE ADEQUATE TO ENABLE OMARK TO MEET ITS SECOND ROUND PERMIT LIMITATIONS. THE REGION SEEKS CIVIL PENALTIES FOR PAST EFFLUENT VIO- LATIONS & REPORTING, MONITORING & MANAGEMENT DEFICIENCIES; A SCHEDULE OF COMPLIANCE (WITH STIPULATED PENALTIES) FOR COM- MENCEMENT OF WW TRTMT; AND DISCONTINUANCE OF ALL UNPERMIT- TED/ UNREPORTED DISCHARGES.

Defendants (1)

• OMARK CARIBBEAN, INC.Named in complaintNamed in settlement

Facilities (1)

• OMARK CARIBBEAN INC

  88-90 CALLE D MIN INDUSTRIAL, BAYAMON, PR, 00619

  Registry ID: 110007805857

Statutes cited

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

Enforcement conclusions (1)

• OMARK CARIBBEAN, INCentered 1986-09-24

  Primary law: CWA

  Federal penalty: $550,000

Timeline (11 milestones)

• 1984-06-13Enforcement Action Data Entered
• 1984-06-29Referred To Headquarters
• 1984-07-18Returned To Region
• 1984-10-29Rereferred
• 1984-11-27Referred To Dept Of Justice
• 1985-01-24Referred TO U.S. Attorney
• 1985-01-30Complaint Filed With Court
• 1986-09-24Final Order Lodged
• 1986-09-24Final Order Entered
• 1986-09-24Concluded
• 1989-03-30Enforcement Action Closed