EPA v. AMERICAN FELT & FILTER CO., INC.

Case summary

THIS CASE IS A DIRECT REFERRAL OF AMERICAN FELT AND FILTER CO., INC. TO THE DEPARTMENT OF JUSTICE FOR LITIGATION UNDER THE CLEAN WATER ACT AND THE REFUSE ACT, REQUESTING THAT THE DOJ INITIATE A CIVIL ACTION PURSUANT TO SECTION 309(B) OF THE CWA, 33 USC 1319(B), AND THE REFUSE ACT, 33 USC 407 FOR VARIOUS VIOLATIONS. THIS CASE IS BEING REFERRED AS A DIRECT REFERRAL PURSUANT TO THE LETTER AGREEMENT DATED 9/29/83, BETWEEN EPA & DOJ, WHICH DESIGNATED CASES INVOLVING UNAUTHORIZED DISCHARGES BY INDUSTRIAL DISCHARGERS AS CANDIDATES FOR REFERRAL DIRECTLY FROM THE REGIONAL OFFICES TO DOJ. THE U.S. ATTORNEY'S OF- FICE FOR THE S.D.N.Y. HAS REFERRED THIS CASE TO EPA FOLLOW- ING SUBSTANTIAL INVESTIGATION AND DEVELOPMENT, INCLUDING DRAFTING OF A COMPLAINT, AND WOULD LIKE TO FILE ASAP. THE VIOLATIONS UPON WHICH THE ACTION IS BASED ARE: UNAUTHORIZED DISCHARGE IN VIOLATION OF THE CWA/301(A); DIS- CHARGE OF REFUSE IN VIOLATION OF THE REFUSE ACT; & VIOLA- TIONS OF TERMS & CONDITIONS OF SPDES PERMIT NO. NY0004421. PROPOSED RELIEF SOUGHT INCLUDES: INJUNCTIVE RELIEF UNDER THE CWA AND RA TO REQUIRE CESSATION OF UNAUTHORIZED DIS- CHARGE, COMPLIANCE WITH ALL TERMS & CONDITIONS OF PERMIT AND MITIGATION OF ENVIRONMENTAL HARM; CIVIL PENALTIES OF $10,000 PER DAY PER VIOLATION UNDER CWA/309; AND INITIAL SETTLEMENT PENALTIES OF $880,000. ************************************************************ ON 9/30/86, REGION 2 SENT A REFERRAL TO RECOMMEND THE ADDITION OF RCRA COUNTS TO THIS COMPLAINT. AN ESD PERFORMANCE AUDIT INSPECTION REPORT DATED 3/20/86 WHICH CONTAINED FINDINGS OF A PERFORMANCE AUDIT INSPECTION CONDUCTED AT DEFENDANT'S FACILITY ON 10/17/85, AND ALSO SUM- MARIZED FINDINGS DURING AN ESD COMPLIANCE SAMPLING INSPEC- TION CONDUCTED AT THE FACILITY ON 10/21/85 REVEALED NOT ON- LY ADDITIONAL UNAUTHORIZED DISCHARGES, BUT ALSO THE PRESENCE OF SEVERAL WASTE PILES AND A LEAKING 55-GALLON DRUM. SAM- PLES OF THE WASTE PILES AND DRUM CONTENTS WERE TAKEN & THE ANALYSIS RESULTS INDICATED THE PRESENCE OF HAZARDOUS WASTE. A JOINT EPA REGION II ESD AND WATER MANAGEMENT DIVISION IN- SPECTION WAS PERFORMED AT DEFENDANT'S FACILITY ON 5/22/86. IN ADDITION, A SETTLEMENT CONFERENCE & WALKTHROUGH OF THE FACILITY WAS HELD AT DEFENDANT'S NEWBURGH PLANT ON 7/17/86. IN 4,1986 EPA'S ORC REQUESTED TECHNICAL SUPPORT FROM RE- GION II'S AIR AND WASTE MANAGEMENT DIVISION, AND A JOINT EPA REGION II AND NYSDEC RCRA INSPECTION WAS CONDUCTED AT DEFEN- DANT'S FACILITY ON 6/11/86, FOLLOWED UP BY A 2ND NYSDEC RCRA INSPECTION ON 6/25/86. NUMEROUS RCRA VIOLATIONS WERE REPOR- TED. ON 8/12/86, A MEETING WAS HELD WITH REPRESENTATIVES OF NYSDEC, EPA REGION II AND THE U.S. ATTORNEY'S OFFICE AT EPA OFFICES IN N.Y. TO DISCUSS POSSIBLE ENFORCEMENT OPTIONS. THE STATE AGREED TO REFRAIN FROM TAKING ENFORCEMENT ACTION UNDER RCRA UNTIL AT LEAST 12/31/86, TO ALLOW THE FED. GOV'T TIME TO ACHIEVE A SETTLEMENT OF STATE RCRA CLAIMS AS PART OF ITS ONGOING ACTION AGAINST AMERICAN FELT & FILTER UNDER THE CWA AND REFUSE ACT. THE REGION FEELS THAT THIS COURSE OF ACTION IS APPROPRIATE BOTH TO CONSERVE STATE & FEDERAL ENFORCEMNT RESOURCES & TO ALLOW THE FED. GOV'T TO SEEK AN INTEGRATED, COMPREHENSIVE FORM OF INJUNCTIVE RELIEF. OF SOME CONCERN TO THE GOV'T, FOR EXAMPLE, HAS BEEN THE POTENTIAL FOR CONTAMINATED GROUND- WATER MIGRATION, RESULTING FROM PAST RCRA VIOLATIONS TO THE QUASSAIC CREEK. SINCE CONTAMINATION OF THE CREEK BY UNAU- THORIZED POINT SOURCE DISCHARGES WAS THE HARM ALLEGED IN THE ORIGINAL COMPLAINT, SETTLEMENT OF THE CWA AND REFUSE ACT COUNTS W/OUT ADDRESSING THE RCRA VIOLATIONS MIGHT PROVIDE THE GOV'T WITH AN INCOMPLETE REMEDY. IT IS ALSO FELT THAT COMBINING RCRA, CWA, AND REFUSE ACT COUNTS IN A SINGLE AC- TION, ADDRESSED IN A SINGLE JUDGMEN

Defendants (1)

• AMERICAN FELT AND FILTER CO INCNamed in complaintNamed in settlement

Facilities (2)

• AMERICAN FELT & FILTER CO

  WALSH AVE, NEW WINDSOR, NY, 12553

  Registry ID: 110001138812

• AMERICAN FELT & FILTER CO

  WALSH AVE, NEW WINDSOR, NY, 12553

  Registry ID: 110001138812

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act
• CWA 402 — Clean Water Act
• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• AMERICAN FELT & FILTER CO.,INCentered 1993-07-21

  Primary law: CWA

  Federal penalty: $12,500

Timeline (8 milestones)

• 1985-08-07Enforcement Action Data Entered
• 1985-10-29Referred To Dept Of Justice
• 1986-04-03Referred TO U.S. Attorney
• 1986-04-03Complaint Filed With Court
• 1993-07-21Final Order Lodged
• 1993-07-21Final Order Entered
• 1993-07-21Concluded
• 2001-12-05Enforcement Action Closed