EPA v. MARLETTE PLATING COMPANY, INC.

Case summary

THIS CASE IS REFERRED FOR PURPOSE OF SEEKING THE IMPOSI- TION OF A SUITABLE CIVIL PENALTY & 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, MARLETTE PLATING COMPANY, INC., A COMPANY ENGAGED IN ELECTROPLATING, HAS NO PRETREATMENT EQUIPMENT INSTALLED AT PRESENT EXCEPT FOR PH NEUTRALIZATION. IT HAS BEEN REPORTED THAT IT WILL NOT HAVE NEEDED PRETREATMENT IN- STALLED UNTIL JULY 1, 1985. IN THE INTERIM, IT MIGHT BE EXPECTED TO CONTINUE TO VIOLATE THE APPLICABLE PRETREATMENT STDS. IF INTERIM PRETREATMENT TECHNOLOGY IS NOT INSTALLED. RELIEF SOUGHT INCLUDES A CIVIL PENALTY TO REMOVE THE ECO- NOMIC BENEFIT THAT MIGHT BE DERIVED FROM NOT MEETING PRE- TREATMENT STANDARDS FOR 20 MONTHS. FURTHER, AN INJUNCTION SHOULD BE SOUGHT TO ENSURE THAT THE SCHEDULE TO ACHIEVE COMPLIANCE BY DECEMBER 1985 IS CARRIED OUT. BOTH TYPES OF RELIEF ARE INCLUDED IN A PROPOSED CONSENT DECREE, MODELED ON THE GENERAL MOTORS' CONSENT DECREE, WHICH HAS BEEN NEGOTIATED WITH MARLETTE. THE MARLETTE PLATING COMPANY, INC. IS A NEW YORK CORPORA- TION WHICH OWNS THE ELECTROPLATING FACILITY AT 25 RANO ST. IN BUFFALO, NY. THE FACILITY IS A NON-INTEGRATED JOB SHOP DOING METAL FINISHING & ELECTROPLATING. THE MATERIALS PLA- TED INCLUDE ZINC (APPROXIMATELY 90% OF THE OPERATION), CADMIUM, COPPER, PHOSPHATE, TIN, BLACK OXIDE, NICKEL AND CHROMIUM.

Defendants (1)

• MARLETTE PLATING COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• MARLETTE NATIONAL CORPORATION

  25 RANO STREET, BUFFALO, NY, 142072107

  Registry ID: 110000326914

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• MARLETTE PLATING COMPANYentered 1985-12-03

  Primary law: CWA

  Federal penalty: $10,000

Timeline (8 milestones)

• 1984-12-03Referred To Headquarters
• 1985-01-16Referred 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
• 1985-12-31Enforcement Action Closed