EPA v. ADCOM METALS CO INC

Case summary

NATURE OF THE CASE: ADCOM METALS CO, INC IS IN THE BUSINESS OF DRAWING, PICKLING & GALVANIZING STEEL WIRE FOR VARIOUS USES. IN ITS OPERATION ADCOOM UTILIZES A BATCH PICKLING SYSTEM PRIOR TO DRAWING THE WIRE AS FINISHED PRODUCTS. EPA ISSUED AN NPDES PERMIT FL0030121 TO ADCOM'S PRE- DECESSOR IN INTEREST, CONTAINER WIRE PRODUCTS CO, INC. THIS PERMIT BECAME EFFECTIVE ON 12/13/76. IT HAS NOT BEEN MODIFIED, NOR HAS IT BEEN CONTESTED THROUGH AN ADJUDICA- TORY OR EVIDENTIARY HEARING. THE BPT EFFLUENT LIMITS CON- TAINED IN THE PERMIT WERE ESTABLISHED UNDER 40 CFR SUB- PART Q (PICKLING - SULFURIC ACID BATCH & CONTINUOUS SUB- CATEGORY). IN PARTICULAR 40 CFR 420.172(A) STATES: BATCH PICKLING OPERATIONS; SPENT PICKLE LIQUOR & RINSES: THERE SHALL BE NO DISCHARGE OF PROCESS WASTEWATER POLLUTANTS TO NAVIGABLE WATERS. THE FOREGOING STATEMENT WAS INCLUDED IN ADCOM'S NPDES PERMIT FOR EACH OUTFALL. THE PERMIT ALSO CONTAINED AN ADDITIONAL PROVISION THAT THERE SHALL BE NO DISCHARGE OF PROCESS WASTEWATER POLLUTANTS FROM BATCH PICKLING OPERATIONS FROM ANY OUTFALL FROM THIS FACILITY. CAUSE OF ACTION: THE PROPOSED CIVIL ACTION INVOLVES SIGNIFICANT VIOL'S OF THE AFOREMENTIONED NPDES PERMIT. ADOOM HAS VIOL'D ITS NPDES PERMIT FOR EACH MONTH FROM 7/77 THROUGH 1/80. THESE VIOL'S INCLUDE: (1) THE DISCHARGE OF PROCESS WASTEWATER FROM ITS BATCH PICKLING OPERATION (OUTFALL 001) IN CLEAR VIOL OF AN EXPRESS PROHIBITION CONTAINED IN ITS PERMIT: (2) VIOL OF EFFLUENT LIMITATIONS FOR PH, IRON & TEMPERATURE; & (3) IMPROPER DISPOSAL OF CONCENTRATED IRON SLUDGE INTO A DITCH LEADING TO CEDAR CREEK, A NAV- IGABLE WATER OF THE US. PROPOSED REMEDY: THROUGH INITIATION OF AN ENFORCEMENT ACTION IT IS OUR INTENTION TO SEEK A CIVIL PLTY OF $10K PER DAY FOR EACH VIOL OF ITS PERMIT & OF SEC 301 OF THE CWA, 33 USC 1311. THE PORTION OF THE LITIGATION REPORT CONCERNING THE CALCULATION OF APPROPRIATE PLTY WILL BE REVIEWED BY EPA'S PLTY PANEL TO ASSURE THAT THE AMOUNT RECOMMENDED IS CONSISTENT W/THE NATIONAL EPA POLICY ON THIS MATTER. THE PROPOSED ACTION ALSO SEEKS VARIOUS REMEDIAL MEASURES TO ELIMINATE THE PROBLEMS THAT RESULTED IN THE VIOL'S OF THE CO'S PERMIT. THE INJUNCTIVE RELIEF SOUGHT INCLUDES: (1) CESSATION OF ADCOM'S DISCHARGE OF PROCESS WASTEWATER FROM ANY OUTFALL AT THIS FACILITY; (2) INSTAL- LATION OF A SYSTEM TO EITHER RECYCLE OR RECLAIM ALL PRO- CESS WASTE FROM THE PICKLING PROCESS; & (3) INSTALLATION OF A COOLING SYSTEM TO TREAT THE WASTE FROM THE GALVANIZ- ING OPERATIONS. IT SHOULD BE NOTED THAT THE STATE OF FL INVOLUNTAR- ILY DISSOLVED BOTH ADCOM METALS CO & CONTAINER WIRE PRO- DUCTS CO ON 12/5/79, FOR FAILURE TO FILE 1979 ANNUAL RE- PORTS. THOUGH ADCOM CONTINUES TO DO BUSINESS IN FL. IT IS LONGER OFFICIALLY AUTHORIZED TO DO BUSINESS IN FL. IT IS QUITE POSSIBLE THAT BECAUSE OF ADOOM'S UNCERTAIN CORP QUITE POSSIBLE THAT BECAUSE OF ADCOM'S UNCERTAIN CORP OFFICIALS & ITS PARENT CO, LEGETT & PLATT, INC. THE EXACT STATUS OF THE CO IS CURRENTLY BEING INVESTIGATED, & THE LEGAL EFFECTS OF THIS INVOLUNTARY DISSOLUTION ARE BEING RESEARCHED. ANY FURTHER INFO ON THIS PROBLEM WILL BE FOR- WARDED TO YOU. * FACILITY NAME: ADCOM WIRE COMPANY INC 925 N LANE JACKSONVILLE, FL 32205 OWNERSHIP: P

Defendants (1)

• ADCOM METALS CO INCNamed in complaintNamed in settlement

Facilities (1)

• ADCOM WIRE COMPANY

  925 NORTH LANE AVENUE, JACKSONVILLE, FL, 32254

  Registry ID: 110000361796

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ADCOM METALS COentered 1983-03-16

  Primary law: CWA

  Federal penalty: $15,000

Timeline (8 milestones)

• 1980-08-07Referred To Headquarters
• 1981-02-04Referred To Dept Of Justice
• 1983-01-28Referred TO U.S. Attorney
• 1983-03-11Complaint Filed With Court
• 1983-03-16Final Order Lodged
• 1983-03-16Final Order Entered
• 1983-03-16Concluded
• 1988-03-08Enforcement Action Closed