EPA v. PENNWALT CORP

Case summary

SYNOPSIS OF THE CASE PENNWALT CORPORATION ( THE COMPANY ) OPERATES A FAC- ILITY IN CALVERT CITY, KENTUCKY INVOLVED IN THE MANUFACTURE OF A VARIETY OF INDUSTRIAL CHEMICALS. THE FACILITY'S NPDES PERMIT NO. KY0003603 BECAME EFFECTIVE ON AUGUST 27, 1976 AND EXPIRED ON AUGUST 27, 1981. THE REQUIREMENTS OF THE AUGUST 27, 1976 PERMIT REMAINED IN EFFECT UNTIL THE PERMIT WAS RE- ISSUED AND BECAME EFFECTIVE ON APRIL 28, 1983. THE RE- ISSUED PERMIT EXPIRES ON APRIL 27, 1988. THE CALVERT CITY FACILITY IS A DIVERSIFIED INDUSTRIAL CHEMICAL PLANT PRODUCING HYDROFLOURIC ACID (HF), ISOTRON (PROPRIETARY FLUOROCARBON), SODIUM AND POTASSIUM CHLORATE, SODIUM AND POTASSIUM HYDROXIDE, ALSO VINYLIDINE FLUORIDE (KYNAR MONOMER) AND POLYVINYLIDENE FLUORIDE (KYNAR POLYMER). THE COMPANY HAS HAD A HISTORY OF NON-COMPLIANCE PRO- BLEMS AT THE FACILITY. THE VIOLATIONS RESULTED MAINLY FROM POOR HOUSEKEEPING OR POOR OPERATION AND MAINTENANCE OF TREATMENT SYSTEMS. PARAMETERS INVOLVED IN THESE PAST VIO- LATIONS WERE PH, FLUORIDE AND MERCURY. VIOLATIONS OF PH LIMITS WERE CAUSED BY BYPASSING OF TREATMENT STEPS OR SPILLS. FLUORIDE VIOLATIONS WERE CAUSED BY POOR OPERATION OF PH CONTROL AND POOR OPERATION AND MAINTENANCE OF THE CHLOR-CAUSTIC TREATMENT SYSTEM. AS A RESULT OF THESE PRO- BLEMS THE AGENCY ENTERED A CONSENT ADMINISTRATIVE ORDER WITH THE COMPANY IN MARCH 1982 TO CORRECT THESE VIOLATIONS. THE MARCH 4, 1982, ORDER GAVE THE COMPANY UNTIL NOVEM- BER 15, 1982 TO CARRY OUT CERTAIN SPECIFIC STEPS AND RE- QUIRED COMPLIANCE WITH ALL PROVISIONS OF THE PERMIT BY THAT SAME DATE. THE COMPANY COMPLETED ON SCHEDULE THE SPECIFIC ACTION REQUIRED BY THE ORDER. THE ORDER DID NOT SPECIFY ANY PARTICULAR STEPS FOR THE COMPANY TO TAKE AS TO THE PH VIOLATIONS. RATHER, PH WAS COVERED BY THE REQUIREMENT THAT THE COMPANY COMPLY WITH AL LIMITS BY NOVEMBER 15, 1982. SINCE THAT DATE, THE COMPANY HAS HAD TWENTY-SEVEN VIOLATIONS OF THE PH LIMITS, INCLUDING A VIOLATION IN JANUARY 1983 THAT WAS CAUSED BY A SPILL OF APPROXIMATELY 155,770 LBS. OF 85% SULFURIC ACID, AND A SEPTEMBER, 1983 VIOLATION CAUSED BY A SPILL OF APPROXIMATELY 42,000 LBS. OF 36% HYDROCHLORIC ACID. WHILE THESE VIOLATIONS PROBABLY DO NOT CONSTITUTE VIOLATIONS OF THE ORDER, THE FACT THAT THEY HAVE OCCURRED FOLLOWING THE ORDER UNDERSCORES THE NEED TO ADDRESS THE VIOLATIONS THROUGH JUDICIAL ENFORCEMENT ACTION. WE RECOMMEND THAT THE VIOLATIONS OCCURRING SINCE NOVEM- BER 15, 1982, BE REFERRED TO THE DEPARTMENT OF JUSTICE FOR INJUNCTIVE RELIEF AND CIVIL PENALTY ASSESSMENT. STIPULATED PENALTY- $1000/VIOLATION OF EFFLUENT LIMITA- TIONS.

Defendants (1)

• PENNWALT CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• ELF ATOCHEM N A INCORPORATED

  4444 INDUSTRIAL PKY., CALVERT CITY, KY, 42029

  Registry ID: 110000380061

• ELF ATOCHEM N A INCORPORATED

  4444 INDUSTRIAL PKY., CALVERT CITY, KY, 42029

  Registry ID: 110000380061

• ELF ATOCHEM N A INCORPORATED

  4444 INDUSTRIAL PKY., CALVERT CITY, KY, 42029

  Registry ID: 110000380061

• ELF ATOCHEM N A INCORPORATED

  4444 INDUSTRIAL PKY., CALVERT CITY, KY, 42029

  Registry ID: 110000380061

Statutes cited

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

Enforcement conclusions (1)

• PENNWALT CORPORATIONentered 1984-10-12

  Primary law: CWA

  Federal penalty: $50,000

Timeline (8 milestones)

• 1983-09-29Referred To Headquarters
• 1983-11-09Referred To Dept Of Justice
• 1984-01-27Referred TO U.S. Attorney
• 1984-02-16Complaint Filed With Court
• 1984-10-12Final Order Lodged
• 1984-10-12Final Order Entered
• 1984-10-12Concluded
• 1986-02-16Enforcement Action Closed