EPA v. MACALLOY CORP

Case summary

MACALLOY CORP. IS LOCATED AT 1800 PITTSBURGH AVENUE, CHARLESTON COUNTY, SC. SINCE ITS CONSTRUCTION IN 1941, FACILITY HAS MANUFACTURED FERROCHROMIUM. FERROCHROMIUM IS AN ALLOY OF IRON & CHROMIUM, USED TO MAKE STAINLESS STEEL & ALLOY STEELS. MACALLOY CORP., AS OF 9/30/94, HAD CURRENT ASSETS OF APPROX $9.3 MILLION. HOWEVER, DUE TO A LOSS OF ITS CONTRACT W/ THE U.S. DEPT OF DEFENSE, MACALLOY IS AT LIMITED PRODUCTION OF PERROCHROMIUM. MACALLOY OPERATES UNDER A SC NPDES PERMIT (NO. SC0004014). THE PERMIT AUTHORIZES 4 SURFACE WATER DISCHARGE POINTS INTO SHIPYARD CREEK. CURRENT NPDES PERMIT WAS ISSUED ON 9/11/95, & EXPIRES ON 1/31/2000. MACALLOY'S DMRS CHRONICLE NUMEROUS PERMIT EFFLUENT LIMITATION VIOLATIONS BETWEEN JAN 1993 (INITIAL DATE FOR PURPOSES OF THIS ACTION, & THE PRESENT. THESE VIOLATIONS INCLUDE SUCH SIGNIFICANT PARAMETERS AS TOTAL CHROMIUM, HEXAVALENT CHROMIUM, AND TOTAL SUSPENDED SOLIDS, AS WELL AS VIOLATIONS OF PH, TOTAL MANGANESE, FECAL COLIFORM, TOTAL CYANIDE, OIL & GREASE, & TOTAL RESIDUAL CHLORINE. IN ADDITION, EVIDENCE THAT UNPERMITTED CONTAMINATED STORMWATER DISCHARGES HAD OCCURRED, WAS OBSERVED DURING AN EPA MULTIMEDIA INSPECTION CONDUCTED ON MAY 7-8, 1996. IN TOTAL, EPA HAS IDENTIFIED 5,623 VIOLATIONS, INCLUDED THOSE DISCOVERED DURING THE 2-DAY MULTIMEDIA INSPECTION. AT $25,000 PER DAY PER VIOLATION, TOTAL STATUTORY MAXIMUM PENALTY IS: $140,575,000. WHILE THE STATE OF SC EXERCISES PRIMARY PROGRAM IMPLEMENTATION AUTHORITY, EPA RETAINS AUTHORITY TO ADDRESS ANY VIOLATION OF THE ACT OCCURRING IN AN AUTHORIZED STATE PURSUANT TO SECTIONS 309(A) AND 402(I) OF THE CWA. ON 12/17/96, SCDHEC REQUESTED EPA TO INITIATE A JOINT ENFORCEMENT ACTION AGAINST MACALLOY CORP. THIS WILL BE THE FIRST EPA NPDES CIVIL FILING IN SC SINCE ITS PROGRAM AUTHORIZATION. EPA ANTICIPATES THAT THIS ACTION WILL INCLUDE SCDHEC AS CO-PLAINTIFF. AMENDED REFERRAL SENT TO DOJ ON 8/26/98. INSPECTION CONDUCTED 3/17 & 3/18, 1998. ON BASIS OF INSPECTION, & THE SAMPLING RESULTS FROM THE SAMPLES ACQUIRED DURING THE INSPECTION, THE REGION FOUND THE FOLLOWING VIOLATIONS OF RCRA: (1) MACALLOY WAS OFFERING HAZ WASTE (ESP & BAGHOUSE DUST) TO A NON-PERMITTED TRANSPORTER W/OUT A HAZ WASTE MANIFEST IN VIOLATION OF 40 CFR SECTIONS 262.12(C) & 262.20(A); (2) MACALLOY WAS STORING ITS ESP/BAGHOUSE DUST/BAGHOUSE DUST/FERROUS SULFATE MIXTURE IN OPEN, UNCOVERED ROLL-OFF CONTAINERS, W/OUT LABELS, UNPROTECTED FROM THE WEATHER IN VIOLATION OF 40 CFR SECTIONS 262.34(A)(2) & (A)(3), 262.34(A)(1)(I), 265.173(A), & 265.174; (3) MACALLOY ILLEGALLY DISPOSED OF D007 HAZ WASTE IN A SETTLING POND W/OUT A PERMIT OR INTERIM STATUS IN VIOLATION OF RCRA SEC 3005(A); (4) MACALLOY'S DISPOSAL OF HAZ WASTE INTO THE SETTLING POND AND ITS FAILURE TO PROPERLY PROVIDE REQUIRED INFO W/ THE SHIPMENT OF ITS ESP DUST & BAGHOUSE DUST VIOLATES RCRA SEC 3004(M), AND THE LAND DISPOSAL RESTRICTIONS, 40 CFR PART 268 (LDR); & (5) MACALLOY'S FAILURE TO MAINTAIN & OPERATE ITS FACILITY TO MINIMIZE THE SUDDEN OR NON-SUDDEN RELEASE OF HAZ WASTE OR HAZ WASTE CONSTITUENTS IS IN VIOLATION OF 40 CFR SECTIONS 262.34(A) & 265.31. AND THE FOLLOWING WETLANDS VIOLATIONS: THE PRIMARY VIOLATION INVOLVED THE DISCHARGE OF FILL MATERIAL FROM SLAG HEAPS (A BY-PRODUCT OF MACALLOY'S FERROCHROMIUM MANUFACTURING) & OTHER MATERIAL (INCLUDING ELECTROSTATIC PRECIPITATOR (ESP) DUST, BAGHOUSE DUST, & GAS CONDITIONING TOWER SLUDGE (GCTS) & WASTE WATERS), INTO A MARSH LOCATED ON THE EDGE OF SHIPYARD CREEK. THIS FILL MATERIAL CONTAINS TOXIC CONSTITUENTS INCLUDING CHROMIUM, HEXAVALENT CHROMIUM, MANGANESE, BARIUM, LEAD, & ARSENIC. DUE TO THE SUBSTANTIAL NATURE OF THE FILL, EPA BELIEVES IT TO BE THE RESULT OF FILL BY MACHINES. BECAUSE THE DISCHARGES OF FILL MATERIAL INTO JURISDICTIONAL WETLANDS OCCURRED W/OUT THE PREREQUISITE SECTION 404 PERMIT FROM THE COE, DEFENDANT HAS VIOLATED THE C

Defendants (1)

• MACALLOY CORP.Named in complaintNamed in settlement

Facilities (1)

• MACALLOY CORPORATION

  1800 PITTSBURG AVE., N CHARLESTON, SC, 29405

  Registry ID: 110000353304

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CERCLA 107A — Cost Recovery
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MACALLOY CORP.entered 2001-08-31

  Primary law: CWA

  Federal penalty: $960,000

Timeline (7 milestones)

• 1996-12-20Enforcement Action Data Entered
• 1997-03-14Referred To Dept Of Justice
• 1999-12-27Complaint Filed With Court
• 2001-07-13Final Order Lodged
• 2001-08-31Final Order Entered
• 2001-08-31Concluded
• 2004-06-14Enforcement Action Closed