EPA v. BAYAMON ELECTROPLATING CORP

Case summary

THIS ACTION IS BASED ON THE CWA SECTION 307 AND 40 CFR PARTS 403 AND 413. THE DEFENDANT, BAYAMON ELECTROPLATING CORPORATION OF BAYOMON, P.R. HAS VIOLATED NATIONAL PRETREATMENT STANDARDS AND REPORTING REQUIREMENTS. BAYAMON ELECTROPLATING CORP. IS A JOB SHOP ELECTROPLATER WHICH DISCHARGES PROCESS WASTEWATER TO THE BAYAMON REGIONAL WASTEWATER TREATMENT PLANT (PRASA). IT IS A NON-INTEGRATED ELECTROPLATER AND, AS SUCH, WAS REQUIRED TO MEET PRETREAT- MENT STANDARDS BY 4/27/84. IT HAS FAILED TO DO SO. THE RELIEF SOUGHT INCLUDES A CIVIL PENALTY OF $708,600 & CONSTRUCTION OF THE NECESSARY PRETREATMENT EQUIPMENT. THE CIVIL PENALTY REQUESTED REFLECTS A DETERMINATION OF THE ECO- NOMIC SAVINGS DERIVED BY THE COMPANY BY DELAYING COMPLIANCE AND A DETERMINATION ON THE GRAVITY OF THE VIOLATION. THIS CASE IS SIGNIFICANT IN THAT IT IS THE FIRST PRETREAT- MENT A/E TO BE BROUGHT AGAINST AN ELECTROPLATER IN P.R. * FACILITY ADDRESS: PR ROAD # 869 KM 0.6 PO BOX 896 BAYAMON, PR 00619 OWNERSHIP: PRIVATE SIC CODE: 3471 & 3585 EPID# PRD000911503 * REFERRAL OF ENFORCEMENT OF A CONSENT DECREE JUNE 30,1989 FOR VIOLATIONS OF PROVISIONS OF A STIPULATION FOR CONSENT DECREE AND ORDER. * RELIEF SOUGHT. THE COLLECTION OF PENALTIES STIPULATED IN THE DECREE. A FINDING THAT LUHRING, ET. AL. ARE IN CONTEMPT. COLLECTION, ON AN ACCELERATED BASIS, OF $25,000. PLUS INTEREST, IN CIVIL PENALTIES FOR LUHRING PERSONALLY. AN ORDER DIRECTING CESSA- TION OF DISCHARGE UNTIL ALL PRETREATMENT REQUIREMENTS ARE COMPLIED WITH. * RECENT CONTACTS WITH DEFENDANTS. A COMPLIANCE SAMPLING INSPECTION OF THE CATANO PLANT WAS UNDERTAKEN BY EPA IN JUNE 1989. LUHRING WAS NOTIFIED OF ISLAND'S VIOLATION OF THE CONSENT DECREES AND OF HIS PER- SONAL GUARANTEE OF $25,000 IN ACCELERATED CIVIL PENALTIES BY LETTER FROM EPA IN JUNE 1989. DEFENDANTS HAVE NOT COMPLIED, NOR HAVE THEY ATTEMPTED TO COMPLY, WITH ANY OF THE PROVISIONS OF THE CONSENT DECREE. AN INSPECTION OF THE CATANO PLANT WAS UNDERTAKEN JUNE 89', WITH LABORATORY RESULTS AND AN INSPECTOR'S REPORT EXPECTED TO REACH EPA IN JULY 1989. THE REPORT AND ANALYSIS OF ANY ENVIRONMENTAL VIOLATIONS AT THE CATANO PLANT WILL BE SENT TO SUPPLEMENT THIS REFERRAL. ON 8/15/96 DOJ FILED A MOTION TO DISMISS ALL DEFENDANTS EXCEPT JORGE LUHRING WHO IS BAKRUPT. IN NOV. OF 96 CONTACT WAS MADE WITH JUSTICE. AUSA IN PR HAD THE BANKRUPTCY ACTION AGAINST LUHRING IN BANKRUPTCY, THAT CASE IS OVER AND THE POTENTIAL DEFENDANTS WERE DISMISSED. THIS CASE IS CLOSED AS OF NOBEMBER 29, 1996.

Defendants (4)

• BAYAMON ELECTROPLATING CORPNamed in complaintNamed in settlement
• ISLAND PETROLEUM PRODUCTS (OWN) BAYAMONNamed in complaintNamed in settlement
• LUHRING, JORGENamed in complaintNamed in settlement
• TAINO PLATING CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• BAYAMON ELECTROPLATING

  P O BOX 896, BAYAMON, PR, 00619

  Registry ID: 110012632142

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• BAYAMON, ISLAND PETROLEUMentered 1988-10-20

  Primary law: CWA

  Federal penalty: $50,000

Timeline (8 milestones)

• 1986-12-31Referred To Headquarters
• 1987-02-13Referred To Dept Of Justice
• 1987-09-17Referred TO U.S. Attorney
• 1987-09-17Complaint Filed With Court
• 1988-10-20Final Order Lodged
• 1988-10-20Final Order Entered
• 1988-10-20Concluded
• 1996-11-29Enforcement Action Closed