EPA v. CARIBE GENERAL ELECTRIC CONTROLS INC

Case summary

PRE-REFERRAL SETTLEMENT NEGOTIATIONS - INITIATED 03/29/91. * CARIBE G. E, A SUBSIDIARY OF THE GENERAL ELECTRIC CORPORA- TION, OWNS AND OPERATES AN ELECTROPLATING FACILITY IN VEGA ALTA, PR. THIS PLANT DISCHARGES INTO THE CIBUCO RIVER, A WATER OF THE U.S. PURSUANT TO SECTION 402 OF THE CWA, 33 U.S.C. SECT 1342, A NPDES PERMIT NO. PR0000566, WAS ISSUED ESTABLISHING DISCHARGE LIMITS FOR THE PLANT. ON 08/15/90, CARIBE G.E. CEASED DIRECT DISCHARGE AND BEGAN TRUCKING THEIR WASTEWATER OFFSITE FOR PORCESSING. PRIOR TO THIS DATE, CARIBE G.E HAD LONG BEEN IN VIOLATION OF ITS PERMIT REQUIREMENTS AND HAD FAILED TO COMPLY WITH EPA ADMINISTRATIVE ACTIONS AIMED AT CORRECTING THE VIOLATIONS. THESE VIOLATIONS INCLUDE: NEVER CONNECTING THEIR DISCHARGE TO PRASA AS REQUIRED BY FEB. 1988 ADMINISTRATIVE ORDER; NOT SUBMITING REQUIRED MONTHLY CONSTRUCT'N REPORTS; CONSISTENTLY VIOLATING THE FINAL EFFLUENT LIMITATIONS FOR TDS AS WELL AS THE INTERIM LIMIT FROM APRIL 1986 THROUGH AUGUST 1990; REGULARLY EXCEEDING DISCHARGE LIMITATIONS FOUND IN THE NPDES PERMIT FROM APRIL 1986 THROUGH AUGUST 1990; AND HAVING AN UPERMITTED DISCHARGE OF STORMWATER AND COOLING TOWER BLOWDOWN FROM THE TOP OF THEIR MAIN BUILDING. THE PROPOSED CONSENT DECREE REQUIRES CARIBE G.E. TO PERMANENTLY CEASE DIRECT DISCHARGE FORM THE FACILITY. THEY MUST EITHER CONTINUE TO TRUCK THE WASTEWATER OFFSITE FOR PROCESSING OR MUST CONSTRUCT A FULLY ENCLOSED WASTEWATER RECYCLING SYSTEM ACCORDING TO THE DESCRIPTION AND SCHEDULE PROVIDED TO EPA IN OUR JUNE 1990 MEETING IN REG-II OFFICE. THIS LATTER ALTERNATIVE WOULD REPRESENT A POLLUT'N PREVENT'N RECYCLING ACTIVITY. WE ARE ALSO SEEKING A STIPULATED PENALTY. ON JUNE 12, 1990, THE NATURAL RESOURCES DEFENSE COUNSEL ( NRDC ) GAVE NOTICE THAT IT WOULD BE INITIATING A CITIZEN'S SUIT AGAINST CARIBE G.E. ON 08/15/90, CARIBE G.E. CEASED DIRECT DISCHARGE, THUS ATTEMPTING TO PREVENT NRDC FROM SUING THEM FOR AN ONGOING VIOLATION. AS OF THIS DATE, NRDC HAS NOT INITIATED ANY CITIZENS SUIT ACTION PURSUANT TO ITS 6/90 NOTICE. THE FASTER WE HANDLE THIS SITUATION, THE FASTER THE CD CAN BE ENTERED INTO AND SET OUT FOR PUBLIC REVIEW. AT THAT TIME, EPA'S ENFORCEMENT EFFORTS CAN BE PRESERVED THROUGH THE COLLETION OF A SUBSTANTIAL CIVIL PENALTY AND THE BINDING OF CARIBE G.E. TO THEIR PROMISE TO NEVER AGAIN DIRECTLY DISCHARGE WASTEWATER FROM THE EGA ALTA FACILITY. * FACILITY NAME: CARIBE GENERAL ELECTRIC PROD VEGA ALTA CONT HWY 2 KM 30.1 * VEGA ALTA, PR 00762 OWNERSHIP: P EPID: PRD090031410

Defendants (1)

• CARIBE GENERAL ELECTRIC CONTROLS INCNamed in complaintNamed in settlement

Facilities (2)

• CARIBE GE PROD., INC

  HIGHWAY 2 KM 30.1, VEGA ALTA, PR, 006920000

  Registry ID: 110042075125

• CARIBE GE PROD., INC

  HIGHWAY 2 KM 30.1, VEGA ALTA, PR, 006920000

  Registry ID: 110042075125

Statutes cited

• CWA 402 — Clean Water Act

Enforcement conclusions (1)

• CARIBE GENERAL ELECT. PRODUCTSentered 1992-11-24

  Primary law: CWA

  Federal penalty: $500,000

Timeline (8 milestones)

• 1990-08-15Enforcement Action Data Entered
• 1991-03-29PRN Sent
• 1992-03-31Referred To Dept Of Justice
• 1992-11-24Final Order Lodged
• 1992-11-24Final Order Entered
• 1992-11-24Complaint Filed With Court
• 1992-11-24Concluded
• 1993-05-24Enforcement Action Closed