EPA v. NATIONAL FINISHING CORPORATION

Case summary

THIS CASE IS REFERRED FOR PURPOSE OF SEEKING THE IMPOSI- TION OF A SUITABLE CIVIL PENALTY AND INJUNCTIVE RELIEF FOR THE DISCHARGE OF POLLUTANTS TO A MUNICIPAL SEWAGE TREATMENT PLANT IN EXCESS OF THAT ALLOWED UNDER APPLICABLE PRETREAT- MENT REGULATIONS IN VIOLATION OF THE CWA. THE DEFENDANT, NATIONAL FINISHING CORPORATION, A COMPANY ENGAGED IN ELECTROPLATING, HAS NO PRETREATMENT EQUIPMENT INSTALLED AT PRESENT EXCEPT FOR PH NEUTRALIZATION. IT HAS REPORTED THAT IT WILL NOT HAVE NEEDED PRETREATMENT INSTALLED UNTIL SEPTEMBER 30, 1985. IN THE INTERIM, IT IS EXPECTED TO CONTINUE TO VIOLATE THE APPLICABLE PRETREATMENT STANDARDS. RELIEF SOUGHT INCLUDES A CIVIL PENALTY TO REMOVE THE ECO- NOMIC BENEFIT THAT MIGHT BE DERIVED FROM NOT MEETING PRE- TREATMENT STANDARDS FOR 17 MONTHS. FURTHER, AN INJUNCTION SHOULD BE SOUGHT TO ENSURE THAT THE SCHEDULE TO ACHIEVE COM- PLIANCE BY OCTOBER 1985 IS CARRIED OUT. NATIONAL FINISHING CORP. HAS INDICATED THAT IT WILL NOT BE ABLE TO USE INTERIM TREATMENT METHODS TO ATTAIN COMPLIANCE. THE NATIONAL FINISHING CORP. IS A NEW YORK CORPORATION WITH A FACILITY AT 2929 MAIN ST. IN BUFFALO, NY. THE FACI- LITY IS A NON-INTEGRATED JOB SHOP DOING METAL FINISHING AND ELECTROPLATING. THE MATERIALS PLATED INCLUDE CADMIUM, CHRO- MIUM, COPPER, NICKEL, TIN AND ZINC, GOLD, SILVER & RHODIUM.

Defendants (1)

• NATIONAL FINISHING CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• KEY TECH FINISHING INCORPORATED

  2929 MAIN STREET SUITE 3, BUFFALO, NY, 14214-1760

  Registry ID: 110000894015

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• NATIONAL FINISHING CORPORATIONentered 1985-12-03

  Primary law: CWA

  Federal penalty: $64,000

Timeline (8 milestones)

• 1984-12-03Referred To Headquarters
• 1985-01-03Referred To Dept Of Justice
• 1985-08-22Referred TO U.S. Attorney
• 1985-08-27Complaint Filed With Court
• 1985-12-03Final Order Lodged
• 1985-12-03Final Order Entered
• 1985-12-03Concluded
• 1986-12-03Enforcement Action Closed