EPA v. ILCO, INC.

Case summary

NATURE OF THE CASE: INTERSTATE LEAD COMPANY (ILCO) OWNS AND OPERATES A SECONDARY LEAD SMELTING AND LEAD BATTERY RE- CYCLING FACILITY IN LEEDS, AL. UNTIL MARCH 16, 1984, THIS FACILITY MELTED AND RECOVERED LEAD FROM RECYCLED PRODUCTS, CHIEFLY AUTOMOBILE BATTERIES. SINCE THAT DATE, ILCO HAS RE- STRICTED ITS OPERATIONS TO SECONDARY LEAD SMELTING. ILCO DISCHARGES WASTEWATER TO AN UNNAMED TRIBUTARY OF DRY CREEK, AS PART OF WATERS OF THE U.S. FROM 02/01/79, TO 11/30/83, ILCO VIOLATED ONE OR MORE OF ITS EFFLUENT LIMITATIONS IN 30 OF THE 34 MONTHS IT DISCHARGED. FROM 02/01/79, TO 02/29/80, ILCO SUBMITTED DMRS CONTAINING RESULTS FROM ONLY ONE SAMPLE WHEN ILCO WAS IN FACT TAKING 10 TO 27 SAMPLES PER MONTH. IT ALSO APPEARS THAT, FROM 07/01/82, TO 11/30/83, ILCO DELIBER- ATELY MISCALULATED THE DAILY AVERAGE DISCHARGE AND THUS SUB- MITTED FALSE INFORMATION ON THE DMRS. ILCO MAINTAINS AND HAS, SINCE AT LEAST 02/05/78, MAINTAIN- ED AND UNPERMITTED DISCHARGE POINT FROM WHICH POLLUTANTS ARE REGULARLY DISCHARGED. IN ADDITION, THE ORIGINAL NPDES PERMIT EXPIRED ON 01/27/82. BETWEEN THAT DATE AND THE DATE OF RE- ISSUANCE, 11/30/83, ILCO DISCHARGED POLLUTANTS WITHOUT A PER MIT. BY ITS DISCHARGES, ILCO HAS CAUSED VIOLATIONS OF WATER QUALITY STANDARDS FOR DRY CREEK AND ITS UNNAMED TRIBUTARY WHICH RECEIVES ILCO'S WASTE AND RENDERED THEM UNINHABITABLE TO FISH AND WILDLIFE. RECOMMENDED ACTION: A PRELIMINARY INJUNCTION IS APPROPI- ATE IN THIS CASE TO PREVENT FURTHER UNPERMITED DISCHARGES AS WELL AS FURTHER VIOLATIONS OF THE NPDES PERMIT. ILCO HAS ALSO TREATED, STORED AND DISPOSED OF HAZARDOUS WASTE ON SITE IN GROSS VIOLATIONS OF INTERIM STATUS STAND- ARDS, 40 CFR PART 265,. IN ADDITION, ILCO HAS DISPOSED OF HAZARDOUS WASTE OFFSITE WITHOUT EITHER A RCRA PERMIT OR IN- TERIM STATUS. EPA HAS PERFORMED AN IMMEDIATE REMOVAL ACTION AT ONE OF THESE SITES AND IS SEEKING COST RECOVERY UNDER CERCLA SEC. 107. FINALLY, EPA IS SEEKING INJUNCTIVE RELIEF FOR IMMEDIATE REMOVAL AT THE OTHER TWO SITES UNDER CERCLA SEC. 106.

Defendants (2)

• DIEGO MAFFIENamed in complaintNamed in settlement
• ILCO, INC.Named in complaintNamed in settlement

Facilities (1)

• INTERSTATE LEAD COMPANY INCORPORATED

  1247 BORDEN AVENUE, LEEDS, AL, 35094

  Registry ID: 110017418007

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301A — Clean Water Act
• CERCLA 106 — Imminent & Substantial Endangerment Order
• RCRA 3008 — Res Conserv & Rec Act
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• ILCO INC.entered 1985-06-17

  Primary law: CERCLA

Timeline (10 milestones)

• 1984-10-22Returned To Region
• 1985-01-22Rereferred
• 1985-03-15Referred To Dept Of Justice
• 1985-03-15Referred TO U.S. Attorney
• 1985-03-18Complaint Filed With Court
• 1985-06-17Concluded
• 1985-06-17Final Order Lodged
• 1985-06-17Final Order Entered
• 1993-02-22Enforcement Action Closed
• 1998-08-12Enforcement Action Data Entered