EPA v. INDUSTRIAS LA FAMOSA INC

Case summary

THIS IS A CIVIL ACTION UNDER SECTION 309(B) OF THE CWA FOR APPROPRIATE RELIEF, INCLUDING INJUNCTIVE RELIEF AND THE IM- POSITION OF CIVIL PENALTIES, FOR DEFENDANT'S VIOLATIONS OF ITS NPDES PERMITS CONDITIONS. INDUSTRIAS LA FAMOSA, INC., DEFENDANT, A COMPANY INCORPO- RATED UNDER THE LAWS OF NJ AND DULY LICENSED TO DO BUSINESS IN PR, IS IN THE BUSINESS OF CANNING FRUIT JUICES AND NEC- TARS. DEFENDANT'S PLANT WHICH IS THE SUBJECT OF THIS ACTION IS LOCATED IN BAYAMON, PR. THE PLANT WASTEWATERS PRIMARILY ORIGINATE FROM CLEANING OF THE PRODUCTION AREA, SANITARY WASTEWATERS AND EFFLUENT OF A GREASE TRAP LOCATED IN THE RE- PAIR SHOP, AND ARE DISCHARGED TO THE RIO HONDO. DEFENDANT HAS HAD 1,131 VIOLATIONS OF ITS PERMIT LIMITS SINCE AUGUST 1981 AS EVIDENCED BY ITS DMR'S. ALSO, IN THE COURSE OF PLANT INSPECTIONS CONDUCTED BY THE EPA OR THE PR EQB, THE INSPECTORS REPORTED DEFENDANT'S FAILURE TO COMPILE AND RETAIN RECORDS OF LABORATORY EQUIPMENT CALIBRATION & MAINTENANCE AS REQUIRED IN THE PERMITS. FURTHER, DEFENDANT FAILED TO NOTIFY THE EPA IN THE EVENT OF PERMIT NONCOMPLI- ANCE AS REQUIRED BY PART II(A)(2) OF ITS PERMIT. FINALLY, DEFENDANT FAILED TO OPERATE ITS FACILITY PROPERLY AS RE- QUIRED BY PART II(A)(3) OF ITS PERMIT. RELIEF REQUESTED INCLUDES THE FOLLOWING: ORDER DEFENDANT TO COMPLY WITH ITS PERMIT REQUIREMENTS AND CONDITIONS; IM- POSE A CIVIL PENALTY OF $10,000 FOR EACH DAY OF EACH VIOLA- TION. * FACILITY ADDRESS: P.O BOX 998 BAYAMON, PR 00619 OWNERSHIP: PRIVATE SIC CODE: EPID# PRD000692640

Defendants (1)

• INDUSTRIAS LA FAMOSA INCNamed in complaintNamed in settlement

Facilities (1)

• INDUSTRIAS LA FAMOSA CANNING COMPANY

  865 STREET & 866 STREET, BAYAMON, PR, 00961

  Registry ID: 110063925864

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• INDUSTRIAS LA FAMOSA INCentered 1988-07-05

  Primary law: CWA

  Federal penalty: $435,000

Timeline (8 milestones)

• 1986-06-30Referred To Headquarters
• 1986-08-05Referred To Dept Of Justice
• 1987-02-25Referred TO U.S. Attorney
• 1987-03-10Complaint Filed With Court
• 1988-07-05Final Order Lodged
• 1988-07-05Final Order Entered
• 1988-07-05Concluded
• 1989-12-01Enforcement Action Closed