EPA v. PLASTICS UNIVERSAL CORPORATION

Case summary

* THIS LITIGATION INVOLVES WATER PERMITS (1) KY0044504 * * (2) KY0045896 (3) KY0045900 (4) KY0051543 * PLASTICS UNIVERSAL CORPORATION (HEREAFTER 'PLASTICS' OR 'THE COMPANY'), A SUBSIDIARY OF ADAMS RESOURCES AND ENERGY, INC., OPERATES SURFACE COAL MINING OPERATIONS IN BELL AND KNOX COUNTIES, KENTUCKY. IN MARCH 1980, PLASTICS PURCHASED BLUE GEM COAL AND LAND CORPORATION. NPDES PERMIT KY0044504 (ATTACHMENT A-1) WAS ISSUED TO PLASTICS EFFECTIVE JANUARY 30, 1978. NPDES PERMITS KY0045896, KY0045900, AND KY0051543 WERE ISSUED TO BLUE GEM COAL AND LAND CORPORATION EFFECTIVE DATES SEPTEMBER 28, 1978, SEPTEMBER 28, 1978 AND APRIL 28, IT WAS AGREED THAT CERTAIN DELAYS IN THE CONSTRUCTION OF A LIFT STATION (A SYSTEM OF PUMPS FOR THE MOVEMENT OF WASTE- WATER TO THE TREATMENT FACILITY) DUE TO THE INABILITY TO SECURE DELIVERY OF TIMELY PURCHASED EQUIPMENT WAS EXCUSABLE AND THE U.S. WOULD NOT OBJECT TO A MOTION BY THE DEFENDANTS FOR MODIFICATION OF DELAYS IN CONSTRUCTION OF A GRIT CHAM- BER (A MECHANICAL DEVICE FOR THE REMOVAL OF HEAVY SETTLE- ABLE SOLIDS FROM THE WASTEWATER), THE U.S. REITERATED ITS POSITION THAT MORE DELAY IN OBTAINING FEDERAL GRANT FUNDING WAS AN INSUFFICIENT JUSTIFICATION TO VOID LIABILITY FOR FAILURE TO MEET THE NEGOTIATED DECREE SCHEDULE. IN 12/81 DOJ WAS NOTIFIED BY RMUA THAT IT HAD FAILED TO MEET THE DEADLINE DATES ESTABLISHED FOR CONSTRUCTION OF THE LIFT STATION AND GRIT CHAMBER AND HAD BEEN THREE MONTHS LATE IN OBTAINING FINAL PERMIT EFFLUENT LIMITATIONS. IN THAT NO PAYMENT OF STIPULATED PENALTIES HAD BEEN RECEIVED FOR THE VIOLATIONS AS REQUIRED BY THE DECREE, A DEMAND FOR PAYMENTS DUE FOR VIOLATIONS OF THE GRIT CHAMBER CONSTRUCTION SCHEDULE WAS MADE BY DOJ BY LETTER ON 1/12/82. THEREAFTER, DISCUS- SIONS ENSURED WITH DEFENDANTS TO DETERMINE THE JUSTIFICATION FOR CONSTRUCTION DELAYS. RMUA ARGUED THAT AN ADDITIONAL 450 DAYS WERE NEEDED FOR COMPLETION OF THE GRIT CHAMBER DUE TO A FAILURE OF THE CITIES TO APPROVE SUFFICIENT FUNDING FOR THE PROJECT UNTIL FEDERAL GRANT FUNDING WAS OBTAINED.

Defendants (2)

• ADAMS RESOURCES & ENERGY INC.Named in complaintNamed in settlement
• PLASTICS UNIVERSAL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• PLASTIC UNIVERSAL CORP/BLUE GE

  DANIEL BOONE DR, BARBOURVILLE, KY, 40906

  Registry ID: 110010703676

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• PLASTICS UNIVERSAL CORPORATIONentered 1985-06-13

  Primary law: CWA

  Federal penalty: $50,000

Timeline (7 milestones)

• 1983-06-30Referred To Headquarters
• 1983-08-24Referred To Dept Of Justice
• 1984-06-01Complaint Filed With Court
• 1985-06-13Concluded
• 1985-06-13Final Order Lodged
• 1985-06-13Final Order Entered
• 1995-02-27Enforcement Action Closed