EPA v. WINDSOR TEXTILE PROCESSING, INC.

Case summary

THIS CASE IS A DIRECT REFERRAL OF VALMAR TEXTILE PROCESS- ING, 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. THIS CASE IS BEING REFERRED AS A DIRECT REFERRAL PURSUANT TO THE LETTER AGREEMENT DATED 9/29/83, BETWEEN EPA AND THE DOJ, WHICH DESIGNATED CASES INVOLVING UNAUTHORIZED DISCHAR- GES BY INDUSTRIAL DISCHARGERS AS CANDIDATES FOR REFERRAL DIRECTLY FROM THE REGIONAL OFFICES TO DOJ. THE U.S. ATTOR- NEY'S OFFICE FOR THE S.D.N.Y HAS REFERRED THIS CASE TO EPA FOLLOWING SUBSTANTIAL INVESTIGATION AND DEVELOPMENT, INCLU- DING DRAFTING OF A COMPLAINT, AND WOULD LIKE TO FILE ASAP. PROPOSED RELIEF SOUGHT INCLUDES: INJUNCTIVE RELIEF TO REQUIRE CLEAN-UP AND CESSATION OF UNAUTHORIZED DISCHARGE, CIVIL PENALTIES FOR UNAUTHORIZED DISCHARGE; AND INITIAL SETTLEMENT PENALTIES OF $70,000 TO $100,000. ************************************************************ 10/06/92: PARTIAL CONSENT DECREE WAS ENTERED FOR CONSENT ID # 02-92-C026. ************************************************************ CONSENT DECREE WAS CONCLUDED ON AUGUST 19, 1992. ALTHOUGH THE CD WAS STYLED PARTIAL SETTLEMENT THIS WAS A FORMALITY SINCE EPA IS NOT SETTLING WITH THE SECOND NAMED DEFENDANT VALMAR . AS PER SUPPORT OF TRANSFER OF FUNDS REPORT $8000.00 WAS RECEIVED 02/09/94. BANK CHECK # 0045667 $6000.000 SECOND INSTALLMENT 10/06/94.

Defendants (2)

• VALMAR TEXTILE PROCESSING, INC.
• WINDSOR TEXTILE PROCESSORS, INC.Named in complaintNamed in settlement

Facilities (1)

• VALMAR TEXTILES

  40 WISNER AVE, NEWBURGH, NY, 125500000

  Registry ID: 110001579532

Statutes cited

• REFA 407 — REFA Section 407
• CWA 301 — NPDES Discharge without a Permit
• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• WINDSOR TEXTILE PROCESSORS INCentered 1992-08-19

  Primary law: CWA

  Federal penalty: $20,000

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
• 1992-08-19Final Order Lodged
• 1992-08-19Final Order Entered
• 1992-08-19Concluded
• 1997-05-07Enforcement Action Closed