EPA v. DIGITAL EQUIPMENT CORP

Case summary

THE VIOLATIONS UPON WHICH THE ACTION IS BASED. THE DEF HAS VIOLATED THE CATEGORICAL PRETREATMENT STANDARDS SET FORTH AT 40 C.F.R. PART 412 & 433 & PRASA'S LOCAL LIMITS, AS ESTABLISHED UNDER ITS APPROVED PRETMT PROGRAM, BY FAIL- ING TO INSTALL & PROPERLY OPERATE PRETMT EQUIPMENT NECESSARY TO OBTAIN CONSISTENT COMPLIANCE. THE DEFENDANT HAS FAILED TO COMPLY WITH GENERAL PRETMT STANDARDS BY FAILING TO SUBMIT REQUIRED REPORTS, OR BY SUBMITTING INCOMPLETE REPORTS. THE REGION SEEKS A CIVIL PENALTY FOR PAST VIOLATIONS OF THE ACT AND A JUDICIAL ORDER THAT IMPOSES A COMPLIANCE SCHEDULE, THAT REQUIRES DIGITAL TO SUBMIT REQUIRED REPORTS AND ALSO PROVIDES FOR STIPULATED PENALTIES FOR FUTURE FAILURE TO COMPLY WITH THIS SCHEDULE. THE REGION MET WITH DIGITAL REPRESENTATIVES ON 01/21/88. DIGITAL PRESENTED A COMPLIANCE PLAN THAT ANTICIPATED FINAL COMPLIANCE BY 07/88. THE REGION INFORMED DIGITAL ITS INTENT TO INSTITUTE A CIVIL REFERRAL. PREVIOUSLY, ON 07/01/87, EPA HAD ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER TO DIGITAL. AT THE PRESENT TIME, THERE IS NO REASON TO BELIEVE THERE ARE ANY ISSUES OF LEGAL OR FACTUAL SIGNIFICANCE. EPA REVIEWED SAMPLE ANALYSES AND RESULTS IN PERIODIC REPORTS SUBMITTED BY DIGITAL DURING 85-87, AND RESULTS IN MONITORING REPORTS SUBMITTED PURSUANT TO THE ORDER ISSUED IN JULY, 1987. THE RESULTS SHOWED CON- SISTENT VIOLATIONS OF THE CATEGORICAL PRETREATMENT STANDARDS AND LOCAL LIMITS. THIS CASE IS SIGNIFICANT BECAUSE IT IS PART OF A LARGER ONGOING PRETREATMENT INITATIVE IN THE REGION. WE BELIEVE IT IS THE FIRST CASE TO ALLEGE VIOLA- TIONS OF PRASA'S LOCAL LIMITS IN THE ACCOMPANYING DRAFT COMPLAINT. * FACILITY ADDRESS: PR ROAD 362, KM 1.0 (BO GUAMA) SAN GERMAN, PR 00753 OWNERSHIP: P SIC CODE: EPID# PRD991291857

Defendants (1)

• DIGITAL EQUIPMENT CORPNamed in complaintNamed in settlement

Facilities (1)

• VIASYSTEMS PR INC

  HWY 362 KM 1.0 BO GUAMA, SAN GERMAN, PR, 00683

  Registry ID: 110041992626

Statutes cited

• CWA 308 — Information Request, Records, Entry
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• DIGITAL EQUIPMENT CORPORATIONentered 1989-10-13

  Primary law: CWA

  Federal penalty: $450,000

Timeline (9 milestones)

• 1988-03-01Enforcement Action Data Entered
• 1988-03-31Referred To Dept Of Justice
• 1988-06-18Returned To Region
• 1989-06-12Rereferred
• 1989-10-08Complaint Filed With Court
• 1989-10-13Enforcement Action Closed
• 1989-10-13Final Order Lodged
• 1989-10-13Final Order Entered
• 1989-10-13Concluded