EPA v. Messer, LLC

Case summary

On September 11, 2023, a consent decree between plaintiffs (U.S and WVDEP) and defendant Messer, LLC, was entered by federal district court in WV. The CD settles Clean Water Act claims for NPDES permit limit exceedances from Messer's New Cumberland, WV, air products facility. EPA and WVDEP cited the company for violating CWA Section 402(b) and parallel state law by chronic, ongoing exceedances of NPDES permit discharge limits of several pollutants, including copper, aluminum, iron, residual chlorine and phenolics. Messer has agreed to pay a $1.9 million civil penalty for past violations, and to take various actions to address ongoing violations and prevent future violations. Among other things, the company is required to operate a cooper specific treatment system and implement enhanced stormwater compliance actions. The facility was not identified to be in a potential EJ area of concern.

Defendants (1)

• Messer, LLCNamed in complaintNamed in settlement

Facilities (1)

• MESSER LLC

  616 DRY RUN ROAD, NEW CUMBERLAND, WV, 26047

  Registry ID: 110070070527

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Messer, LLCentered 2023-09-11

  Primary law: CWA

  Federal penalty: $950,000 · State/local: $950,000

Timeline (5 milestones)

• 2022-01-11Referred To Dept Of Justice
• 2023-06-22Final Order Lodged
• 2023-06-22Complaint Filed With Court
• 2023-09-11Final Order Entered
• 2023-09-21Enforcement Action Data Entered