EPA v. PENNTECH PAPERS, INC

Case summary

PENNTECH PAPERS, INC. OPERATES AN INTEGRATED PULP & PAPER MILL USING THE KRAFT PROCESS LOCATED IN JOHNSONBURG, PA ON THE EAST BRANCH OF THE CLAIRTON RIVER. THE PLANT HAS BEEN IN OPERATION SINCE 1889 WHEN OPERATIONS BEGAN UNDER THE NAME OF THE CLAIRTON PULP & PAPER COMPANY. THE PLANT WAS LATER AQUIRED BY THE NY & PA COMPANY IN 1901 WHICH SUBSEQUENTLY CHANGED NAMES TO PENNTECH PAPERS, INC. IN 1979. THE JOHNSON- BURG FACILITY DISCHARGES INDUSTRIAL WASTEWATER TO THE CLAR- ION RIVER, & TO RILEY RUN A TRIBUTARY OF THE CLARION RIVER, THROUGH 2 PERMITTED OUTFALLS. THE EPA ISSUED THE JOHNSONBURG FACILITY ITS 1ST NPDES PERMIT ON 6/28/74; THIS PERMIT WAS ADMINISTRATIVELY EXTENDED UNTIL 9/29/85 WHEN THE PADER ISSUED PENNTECH ITS 2ND 5 YEAR PERMIT. BETWEEN 8/81 & 8/86, PENNTECH HAS VIOLATED THE EF- EFFLUENT LIMITATIONS CONTAINED IN ITS PERMITS ON AT LEAST 169 OCCASIONS. PENNTECH HAS FREQUENTLY VIOLATED THE BOD5 & TSS LIMITATIONS IN ADDITION TO SPORADIC VIOLATIONS OF THE PH & FECAL COLIFORM LIMITATIONS. THE FACILITY HAS BEEN IN SIG- NIFICANT NON-COMPLIANCE W/THE PERMIT II LIMITATIONS SINCE ITS ISSUANCE & HAS BEEN ON EVERY REGIONAL EXPECTATIONS LIST. THE POLLUTANTS DISCHARGED THROUGH THE 2 PERMITTED INDUS- TRIAL WASTEWATER OUTFALLS OPERATED BY PENNTECH PAPERS HAS PRODUCED SOME VERY NOTICEABLE CHANGES TO THE RECEIVING WA- TERS, WHICH INCLUDE DISCOLORATION & ORDOR. IT IS ALSO BE- LIEVED THAT THE JOHNSONBURG FACILITY IS RESPONSIBLE FOR THE FORMATION OF A SLUDGE BANK OF SETTLED MATERIAL & ASSOCIATED FILAMENTOUS GROWTH IN THE STREAM BELOW THE DISCHARGE AREAS. THIS STRETCH OF THE CLARION RIVER IS DOMINATED BY POLLUTION TOLERANT ORGANISMS & HAS A DEPRESSED BENTHIC MACROINVERTE- BRATE COMMUNITY. THE FACILITY'S DILL HILL TREATMENT SYSTEM, WHICH DISCHARGES INTO RILEY RUN, A TRIBUTARY OF THE CLARION RIVER, HAS BECOME INEFFECTIVE. THE SINGLE LARGEST PROBLEM IMPACTING THE DILL HILL TREATMENT SYSTEM IS THE RESULT OF CONTINUOUS DISCHARGES OF EXCESS LIME MUD FROM THE FACILITY TO THE TREATMENT SYSTEM'S LAGOON. THE LIME DISCHARGE HAS SIGNIFICANTLY HAMPERED BIOLOGICAL ACTIVITY IN THE LAGOON, & CONSEQUENTLY THERE IS MINIMAL REDUCTION OF BOD5 TO THE RE- CEIVING WATERS. THE ATLANTIC STATES LEGAL FOUNDATION, & THE NATURAL RE- SOURCES DEFENSE COUNCIL IN CONJUNCTION W/THE SIERRA CLUB HAVE FILED 60 DAY CITIZEN SUIT NOTICES CONCERNING PENNTECH'S JOHNSONBURG FACILITY. ALTHOUGH THE 60 DAY NOTICE PERIOD HAS LAPSED FROM EACH OF THE PLANNED CITIZEN'S SUITS, NO ACTION HAS BEEN TAKEN. THE RELIEF REQUESTED IS AN ORDER REQUIRING PENNTECH TO TAKE CORRECTIVE MEASURES TO ACHIEVE FULL & EXPEDITIOUS COM- PLIANCE W/PERMIT II. THE ACTION WILL ALSO SEEK CIVIL PENAL- TIES IN ACCORDANCE W/EPA'S CIVIL PENALTY POLICY FOR WATER ENFORCEMENT.

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

• RCRA 3008 — Res Conserv & Rec Act
• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PENNTECH PAPERS, INC.entered 1990-06-26

  Primary law: CWA

  Federal penalty: $1,170,000

Timeline (6 milestones)

• 1986-12-31Referred To Dept Of Justice
• 1986-12-31Enforcement Action Data Entered
• 1987-08-04Complaint Filed With Court
• 1990-06-26Concluded
• 1990-06-26Final Order Lodged
• 1990-06-26Final Order Entered