EPA v. SHARON STEEL CORP

Case summary

SHARON STEEL CORPORATION IS A PUBLICALY HELD PA CORPORATION HEADQUARTERED IN SHARON, PA. IT HAS 6 PRINCIPAL SUBSIDIARIES INVOLVED IN FINISHING STRIP STEEL & OTHER UNRELATED MANUFACTURING & METALS MINING & PROCESSING INDUSTRIES. THE VIC POSNER WORKS(VPW) FACILITY IS THE SUBJECT OF THIS ACTION. VPW IS SHARON'S MAIN PLANT &THE ONLY PLANT THAT PRODUCES & FINISHES STRIP STEEL. IT DISCHARGES TO THE SHENANGO RIVER THRU 4 OUTFALLS. EPA ISSUED THE VPW FACILITY ITS 1ST NPDES PERMIT IN 12/74 (PERMIT I); THIS PERMIT WAS ADMINISTRATIVELY EXTENDED UNTIL 9/85. BETWEEN 1/81 & 9/85, SHARON VIOLATED THE EFFLUENT LIMITATIONS CONTAINED IN ITS PERMIT AT LEAST 1,121 OCCASIONS. DURING PART OF THIS PERIOD SHARON WAS COVERED BY A STATE JUDICIAL CD, WHICH DELAYED VARIOUS FINAL COMPLIANCE DATES W/OUT CONCURRENTLY ESTABLISHING INTERIM LIMITS; THIS CD MAY REDUCE SHARON'S ACTIONABLE VIOLATIONS TO 965. PA DEPT OF ENVIRONMENTAL RESOURCES(PADER) REISSUED A MORE STRINGENT BAT PERMIT IN 9/85(PERMIT II). UPON REISSUANCE, THE FREQUENCY OF VIOLATIONS, WHICH HAD STARTED TO IMPROVE IN EARLY 1985, DRA- MATICALLY INCREASED. SHARON HAS APPEALED PERMIT II, BUT SINCE PERMIT II REMAINS IN FULL FORCE & EFFECT UNDER STATE LAW IT IS FEDERALLY ENFORCEABLE. AVAILABLE WATER QUALITY DATA INDICATES THAT SHARON VPW IS CONTRIBUTING TO VIOLATIONS OF WATER QUALITY STANDARDS FOR FE & MAY BE CAUSING OTHER SUCH VIOLATIONS FOR FREE CYANIDE & OTHER TOXIC POLLUTANTS. HOWEVER, THERE IS NO EVIDENCE THAT SHARON'S DISCHARGES ARE MEASURABLY AFFECTING ANY DRINKING WATER SUPPLY. ON 4/16/84 EPA ISSUED A NOTICE OF VIOLATION TO PADER & SHARON. ON 8/10/84, EPA ISSUED A ADMINISTRATIVE ORDER REQUIRING COMPLIANCE W/IN 30 DAYS, OR A DESCRIPTION OF AN ABATEMENT PROGRAM & A COMPLIANCE SCHEDULE. SHARON SUBMITTED THIS DESCRIPTION & THUS COMPLIED W/THE ORDER. WHILE THE VIOLATIONS DID DECREASE, FULL COMPLIANCE HAS NOT BEEN ACHIEVED. THE STATE HAS BEEN UNABLE TO BRING THE VPW FACILITY INTO COMPLIANCE & HAS REQUESTED EPA'S ASSISTANCE. THE STATE HAS INDICATED THAT IT WISHES TO PARTICIPATE IN ANY ACTION EPA BRINGS. ATLANTIC STATES LEGAL FOUNDATION HAS FILED A 60 DAY CITIZEN SUIT NOTICE AGAINST SHARON. THE FOUNDATION PLANS TO FILE ITS ACTION IN EARLY MAY. THE RELIEF REQUESTED IS AN ORDER REQUIRING SHARON TO TAKE CORRECTIVE MEASURES TO REMEDY THE VIOLATIONS THAT OCCURRED UNDER THE PREVIOUS PERMIT & TO ACHIEVE FULL & EXPEDITIOUS COMPLIANCE W/I ITS REISSUED PERMIT. THE ACTION WILL ALSO SEEK CIVIL PENALTIES IN ACCORDANCE W/EPA'S CIVIL PENALTY POLICY FOR WATER ENFORCEMENT. IT SHOULD BE NOTED, HOWEVER, THAT SHARON IS IN EXTREMELY POOR FINANCIAL HEALTH & THUS THE BOTTOMLINE PENALTY MAY BE VERY LOW.

Defendants (1)

• SHARON STEEL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• BIG THREE INDUSTRIES GAS

  ROEMER BLVD, FARRELL, PA, 16121

  Registry ID: 110007784754

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• SHARON STEEL CORPORATIONentered 1990-05-09

  Primary law: CWA

  Federal penalty: $300,000 · State/local: $200,000

Timeline (7 milestones)

• 1986-04-21Referred To Headquarters
• 1986-04-29Referred To Dept Of Justice
• 1986-06-16Complaint Filed With Court
• 1990-05-09Final Order Lodged
• 1990-05-09Final Order Entered
• 1990-05-09Concluded
• 2017-05-16Enforcement Action Closed