EPA v. PENNTECH PAPERS, INC.

Case summary

NATURE OF THE CASE/CAUSE OF ACTION: AS INDICATED IN THE LITIGATION REPORT PENNTECH VIOL- ATED ITS BOD5 & TSS EFFLUENT LIMITATIONS DURING MOST OF THE MONTHS BETWEEN 10/77 & 3/80. AS DISCUSSED AT PAGES 20-22, THE EFFLUENT LIMITATIONS IN PENNTECH'S PERMIT ARE BASED ON BEST ENGINEERING JUDGMENT. THE LIMITATIONS WHICH WOULD HAVE BEEN IMPOSED BASED ON EPT GUIDELINES ARE SUB- STANTIALLY LESS STRINGENT. THIS MAY AFFECT OUR SUCCESS IN COLLECTING A SUBSTANTIAL CIVIL PLTY IF EQUITABLE DEFENSES ARE RAISED. IT SHOULD ALSO BE NOTED THAT PENNTECH IS IN A UNCER- TAIN POSITION W/RESPECT TO THE NPDES PERMITTING PROCESS BECAUSE THE STATE HAS EXTENDED PENNTECH'S PERMIT WHICH EXPIRED IN 7/79, & BAT GUIDELINES HAVE NOT YET BEEN ISS- UED. THIS MAY AFFECT PENNTECH'S WILLINGNESS TO AGREE TO REMEDIAL CONST AS PART OF A CD. THE FOREGOING UNDERSCORES THENEED TO INVOLVE THE STATE IN ANY STTLMNT NEG'S. THE CASE OUGHT TO BE FILED AS EXPEDITIOUSLY AS POSSIBLE TO AVIOD THE KIND OF DELAYS WHICH CAN BE EXPECTED FROM PENN- TECH. AN ADDITIONAL VIOL OF THE CWA IS SUGGESTED BY THE RESULTS OF AN 8/9/79, INSPECTION INDICATING THAT PENNTECH HAS DISCHARGED POLLUTANTS THROUGH UNPERMITTED OUTFALLS INTO THE CLARION RIVER. THESE DISCHARGES HAVE NEVER BEEN SAMPLED & NO FOLLOW-UP INSPECTION WAS PERFORMED TO DETER- MINE THE EXTENT, IF ANY, OF CURRENT UNPERMITTED DISCHAR- GES. IT IS SUGGESTED THAT SUCH A FOLLOW-UP BE CARRIED OUT. AN ADDITIONAL ISSUE PERTAINING TO THE PERMIT EXTEN- SION REFERRED TO ABOVE, IS WHETHER SUCH EXTENSION IS VALID, IN LIGHT OF PENNTECH'S HAVING MISSED THE PA STAT- ORTORY REAPPLICATION DEADLINE BY 45 DAYS. PURSUING AN ALLEGATION OF DISCHARGE W/O A VALID PERMIT SINCE 7/79 WILL UNDULY COMPLICATE THE ENFORCEMENT ACTION. IT IS THEREFORE SUGGESTED THAT IN THE EXERCISE OF OUR PROSECU- TORIAL DISCRATION, THE ALTERNATIVE PARAGRAPHS OF THE DRAFT COMPLAINT, WHICH ALLEGE DISCHARGE W/O A VALID PER- MIT, SHOULD NOT BE USED.

Defendants (1)

• PENNTECH PAPERS, INC.Named in complaintNamed in settlement

Facilities (2)

• WILLAMETTE INDUSTRIES INCORPORATED

  100 CENTER STREET, JOHNSONBURG, PA, 15845

  Registry ID: 110000330400

• WILLAMETTE INDUSTRIES INCORPORATED

  100 CENTER STREET, JOHNSONBURG, PA, 15845

  Registry ID: 110000330400

Statutes cited

• CWA 402 — Clean Water Act

Enforcement conclusions (1)

• PENNTECH PAPERS, INC.entered 1985-05-01

  Primary law: CWA

  Federal penalty: $3,000

Timeline (7 milestones)

• 1980-06-13Referred To Headquarters
• 1980-10-16Referred To Dept Of Justice
• 1984-03-16Referred TO U.S. Attorney
• 1984-03-19Complaint Filed With Court
• 1985-05-01Final Order Lodged
• 1985-05-01Final Order Entered
• 1985-05-01Concluded