EPA v. ERIE, CITY OF

Case summary

THIS CASE IS A REFERRAL TO THE DEPARTMENT OF JUSTICE FOR CIVIL ACTION SEEKING INJUNCTIVE RELIEF AND PENALTIES FROM THE ERIE SEWER AUTHORITY AND THE CITY OF ERIE WHICH ARE RESPONSIBLE FOR OPERATING A POTW WITH A NPDES PERMIT, BUT HAVE FAILED TO IMPLEMENT THE APPROVED PRETREATMENT PROGRAM. SINCE 1988, TWELVE INDUSTRIAL USERS HAVE BEEN IN SIGNIFICANT NONCOMPLIANCE AND FIVE OF THEM HAVE BEEN IN NONCOMPLIANCE FOR FOUR OUT OF FIVE YEARS BUT THE POTW HAS NOT PUT THEM ON A COMPLIANCE SCHEDULE OR COLLECTED ACTIONS AGAINST NONCOMPLYING INDUSTRIAL USERS, TO SUBMIT A TIMELY LOCAL LIMITS RE-EVALUATION, TO ISSUE ADEQUATE INDUSTRIAL USER CONTROL MECHANISMS, AND TO MEET ITS NPDES LIMITS FOR TSS, PH AND FLOW. THE CASE ALSO JOINS TWO OF THE INDUSTRIAL USERS, BOTH SUBJECT TO FEDERAL CATEGORICAL STANDARDS, AS DEFENDANTS. ERIE COKE CORPORATION, REGULATED UNDER THE IRON AND STEEL CATEGORICAL STANDARDS, HAS VIOLATED STANDARDS FOR AMMONIA AND PHENOL. PRESQUE ISLE PLATING, REGULATED UNDER THE ELECTROPLATING CATEGORICAL STANDARDS, HAS VIOLATED STANDARDS FOR CADMIUM, ZINC, AND CYANIDE. THE POTW DISCHARGES INTO LAKE ERIE AND ITS FAILURE TO IMPLEMENT ITS PRETREATMENT PROGRAM MAY HAVE ALLOWED THE CONTINUED DISCHARGE OF TOXIC POLLUTANTS INTO THE LAKE. SUPPLEMENTALLY REFERRED 09/29/94 TO ADD ON ADDITION COUNT EACH AGAINST ERIE COKE CORP AND PRESQUE ISLE FOR PRETREAT- MENT VIOLATIONS. AS SUPPLEMENTED 10/15/94. AS REVISED MARCH 1995, AMENDED COMPLAINT TO BE FILED.

Defendants (4)

• ERIE COKE CORPNamed in complaintNamed in settlement
• PRESQUE ISLE PLATINGNamed in complaintNamed in settlement
• ERIE SEWER AUTHORITYNamed in complaintNamed in settlement
• ERIE, CITY OFNamed in complaintNamed in settlement

Facilities (3)

• PRESQUE ISLE PLATING INC

  860 BUFFALO RD, ERIE, PA, 16503-2194

  Registry ID: 110000879158

• ERIE SEWER AUTH

  80 S WAYNE ST, ERIE, PA, 16501

  Registry ID: 110010764226

• ERIE COKE CORPORATION

  FOOT OF EAST AVENUE, ERIE, PA, 16512

  Registry ID: 110043970441

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (3)

• ERIE, CITY OF ERIE COKEentered 1996-12-18

  Primary law: CWA

  Federal penalty: $450,000

• ERIE, CITY OF PRESQUE ISLEentered 1996-12-18

  Primary law: CWA

  Federal penalty: $20,000

• ERIE,CITY OF (ERIE SEWER AUTHORITY)entered 1997-10-01

  Primary law: CWA

  Federal penalty: $200,000

Timeline (7 milestones)

• 1993-04-30Enforcement Action Data Entered
• 1993-09-30Referred To Dept Of Justice
• 1994-10-24Complaint Filed With Court
• 1997-07-28Final Order Lodged
• 1997-10-01Final Order Entered
• 1997-10-01Concluded
• 2001-05-09Enforcement Action Closed