EPA v. TURBOCOMBUSTER TECHNOLOGY, INC.

Case summary

EPA BEGAN ITS INVESTIGATION IN THIS CASE WHEN A FORMER EMPLOYEE REPORTED THAT TURBOCOMBUSTER TECHNOLOGY, INC. (TCT) WAS ILLEGALLY DISCHARGING LOW PH (ACIDIC) WASTEWATER INTO A PRESSURIZED SEWER MAIN LEADING TO MARTIN COUNTY'S PUBLICLY OWNED TREATMENT WORKS (POTW). TCT IS A WHOLLY-OWNED SUBSIDIARY OF CHROMALLY GAS TURBINE CORPORATION (CGTC) WHICH FABRICATES AND REWORKS AIRCRAFT AND ENGINE PARTS. PURSUANT TO THE SETTLEMENT IN PRINCIPLE, TCT HAS AGREED TO PAY THE MAXIMUM CIVIL PENALTY FOR EACH OF THE ALLEGED 9 PH VIOATIONS RECORDED BY THE ENVIRONMENTAL SERVICES DIVISION. TCT HAS AGREED TO PAY THE STATUTORY MAXIMUM PENALTY OF $200,000. THE USA INDICATES IN HIS REPORT THAT THIS $200,000 FIGURE IS SUBSTANTIALLY HIGHER THAN THE PENALTY CALCULATED AT $24,000 - $73,000 BASED ON THE EPA INTERIM CWA SETTLEMENT PENALTY POLICY. THE USA ALSO INDICATES THAT HTE COMPANY HAS ALREADY EXPENDED ABOUT $375,000 IN ENVIRONMENTAL AUDITS AND REMEMDIAL EQUIPMENT MEASURES. IN ADDITION, THE USA'S REPORT INDICATES THAT CONTINUING AUDIT, TRAINING AND REPORTING REQUIREMENTS OVER THE TERM OF THE SETTLEMENT IN PRINCIPLE WILL COST THE COMPANY AN ADDITIONAL $150,000 OVER A PERIOD OF THREE YEARS. THE REGION HAS BEEN PROVIDED LIMITED INFORMATION REGARDING THE VIOLATIONS AND THE SUBSEQUENT REMEDIAL MEASURES WHICH DOES NOT ALLOW FOR AN INDEPENDENT ASSESSMENT OF THE APPROPRIATENESS OF THE PENALTY AMOUNT. HOWEVER, BOTH WMD AND ORC AGREE THAT THIS SETTLEMENT IN PRINCIPLE FURTHERS EPA'S ENVIRONMENTAL GOALS AND IS CONSISTENT WITH EPA'S POLICY IN SETTLEMENT OF CIVIL JUDICIAL ACTIONS. A DETERMINATION HAS BEEN MADE THAT THIS MATTER DOES NOT RAISE ANY NATIONALLY SIGNIFICANT ISSUES IN ACCORDANCE WITH THE ESTABLISHED CRITERIA AND A CIVIL CD SHOULD BE FINALIZED AND EXECUTED AS DESCRIBED HEREIN. THE CIVIL CHARGES WILL BE DRAFTED IN CONSULTATION WITH EPA REGION 4 AND DOJ FOR FILING IN THE SOUTHERN DISTRICT OF FLORIDA.

Defendants (1)

• TURBOCOMBUSTER TECHNOLOGY, INC.Named in complaintNamed in settlement

Facilities (4)

• TURBO COMBUSTOR TECHNOLOGY

  3651 SE COMMERCE AVENUE, STUART, FL, 349970000

  Registry ID: 110000787961

• TURBO COMBUSTOR TECHNOLOGY

  3651 SE COMMERCE AVENUE, STUART, FL, 349970000

  Registry ID: 110000787961

• TURBO COMBUSTOR TECHNOLOGY

  3651 SE COMMERCE AVENUE, STUART, FL, 349970000

  Registry ID: 110000787961

• TURBO COMBUSTOR TECHNOLOGY

  3651 SE COMMERCE AVENUE, STUART, FL, 349970000

  Registry ID: 110000787961

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• TURBOCOMBUSTER TECHNOLOGY, INC.entered 1997-09-24

  Primary law: CWA

  Federal penalty: $200,000

Timeline (7 milestones)

• 1994-06-01Enforcement Action Data Entered
• 1996-03-05Referred To Dept Of Justice
• 1997-09-24Final Order Entered
• 1997-09-24Complaint Filed With Court
• 1997-09-24Concluded
• 1997-09-24Final Order Lodged
• 2001-11-27Enforcement Action Closed