EPA v. LIFE SAVERS MANUFACTURING INC.

Case summary

THE FACILITY DISCHARGES POLLUTANTS INTO QUEBRADA LOS MUERTOS, A WATER OF THE UNITED STATES. PURSUANT TO SECTION 402 OF THE CLEAN WATER ACT, 33 U.S.C. SECT. 1342, NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT NO.PR0023248 WAS ISSUED TO LIFESAVERS. THE PERMIT ESTABLISHED EFFLUENT LIMITATIONS FOR DISCHARGE SERIAL NUMBERS 001, 002, 003 AND 004 WHICH ARE TO BE MET BY LIFESAVERS AND REQUIRES THE SUBMISSION OF DISCHARGE MONITORING REPORTS ( DMRS ) TO EPA, REGION II. DURING THE PERIOD FROM JANUARY 1, 1985 TO LIFESAVERS' DMRS INDICATED THAT EFFLUENT DISCHARGE LIMITATIONS FOR ALL OUTFALLS WERE EXCEEDED. THE PROPOSED CONSENT DECREE REQUIRES THE DEFENDANT TO ENTER INTO A COMPLIANCE SCHEDULE WITH EPA WHICH WOULD STABLISH REPORTING PROVISIONS AND MILESTONES DATES FOR COMPLIANCE. WE ARE ALSO SEEKING A STIPULATED PENALTY PROVISION FOR ANY VIOLATION OF THE CONSENT DECREE. IN ADDITION, EPA SEEKS TO RECOVER A CIVIL PENALTY. THE SETTLEMENT AMOUNT REPRESENTS THE ECONOMIC BENEFIT TO LIFESAVERS FOR NON-COMPLIANCE PLUS A GRAVITY COMPONENT, AND WAS CALCULATED IN ACCORDANCE WITH THE AGENCY'S CLEAN WATER ACT CIVIL PENALTY POLICY (DATED FEBRUARY 1986). LIFESAVERS HAS EXPRESSED ITS WILLINGNESS TO RESOLVE ITS VIOLATIONS THROUGH A CONSENT DECREE. WE ARE SEEKING EXPEDI- TIOUS REVIEW OF THIS MATTER TO ASSURE PROPER AND QUICK RESOLUTION. THE REGION STANDS READY TO SUPPORT THIS ACTION TO THE EXTENT NECESSARY AND TO CARRY OUT THE NEGOTIATION PROCESS WITHIN THE PROPOSED TIME LINE. *************************** FACILITY NAME AND ADDRESS:* LIFESAVERS * STATE ROAD NO.30, * KM 21.2, * LAS PIEDRAS, PUERTO RICO. * *************************** CIVIL PENALTY OF $527,000 + INTEREST PAID ON 4/7/95 BY CHECK CD WAS TERMINATED ON APRIL 19, 1995, CASE CLOSED.

Defendants (1)

• LIFE SAVERS MANUFACTURING INC.Named in complaintNamed in settlement

Facilities (1)

• LIFE SAVERS INC

  RD 30 KM 21.2, LAS PIEDRAS, PR, 00771

  Registry ID: 110001659919

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• LIFESAVERS MANUFACTURING, INCentered 1995-03-24

  Primary law: CWA

  Federal penalty: $527,000

Timeline (8 milestones)

• 1992-03-15Enforcement Action Data Entered
• 1992-03-31PRN Sent
• 1994-09-28Referred To Dept Of Justice
• 1995-03-01Complaint Filed With Court
• 1995-03-24Final Order Lodged
• 1995-03-24Final Order Entered
• 1995-03-24Concluded
• 1995-04-19Enforcement Action Closed