EPA v. KOPPERS INDUSTRIES (NATIONAL CASE) (LEAD)

Case summary

THIS IS A MULTI-MEDIA ACTION INVOLVING CWA, CAA, AND RCRA. THE VIOLATIONS INVOLVE PERMIT EXCEEDENCES, DISCHARGING W/OUT A PERMIT, AND VARIOUS REGULATORY VIOLATIONS. KOPPERS INDUSTRIES, INC., IS A CORPORATION; IT IS A COKE PLANT IN DOLOMITE, AL. THIS IS PRIMARILY A CASE FOR PENALTIES; THE PLANT IS VOLUNTARILY BEING CLOSED AND ONLY MINOR INJUNCTIVE RELIEF MAY BE NECESSARY. THIS CASE WAS ORIGINALLY PART OF A NESS INVESTIGATION; A CITIZEN SUIT WAS FILED IN FEDERAL COURT AGAINST THE DEFENDANT SO THIS FACILITY WAS SEPARATED OUT AND REFERRED INDIVIDUALLY. STATUTES INVOLVED ARE: CAA, CWA, RCRA, AND OPA. THE CWA VIOLATIONS INCLUDE 671 EFFLUENT VIOLATIONS (INCLUDING EXCEEDENCES OF NH3-H, CYANIDE, PHENOLS, AND BENZO(A)PYRENE), 18 REPORTING VIOLATIONS, 42 NPDES PERMIT CONDITIONS VIOLATIONS, AND NUMEROUS NPDES STORMWATER VIOLATIONS, RESULTING IN A STATUTORY MAXIMUM PENALTY OF $19,800,000. THE CAA VIOLATIONS INCLUDE FAILURE TO OPERATE A GAS BLANKETING SYSTEM USED TO CONTROL BENZENE EMISSIONS AND NUMEROUS MONITORING AND REPORTING REQUIREMENTS. THE RCRA VIOLATIONS INCLUDE FAILURE TO STORE USED OIL IN CONTAINERS AND TANKS THAT ARE IN GOOD CONDITION WITH NO SEVERE RUSTING, APPARENT STRUCTURAL DEFECTS OR DETERIORATION (40 CFR 279.22(B)(1); FAILURE TO STORE USED OIL IN CONTAINERS AND ABOVE-GROUND TANKS THAT ARE LABELED OR MARKED CLEARLY WITH THE WORDS USED OIL. (40 CFR 279.22(C)(1); FAILURE TO HAVE AN ARTIFICIAL OR NATURAL BARRIER (E.G. A FENCE IN GOOD REPAIR OR A FENCE COMBINED WITH A CLIFF) WHICH COMPLETELY SURROUNDS THE ACTIVE PORTION OF THE FACILITY (40 CFR 265.14(B)(2)(I); FAILURE TO MAINTAIN A FUNCTIONAL KEY OR COMBINATION LOCK ON THE WELLHEAD COVERS OF ALL MONITORING WELLS TO PREVENT UNAUTHORIZED ACCESS (ADEM ADMIN. CODE 335-14-6-.06(2)(C). TO SECURE THE FACILITY (NO FENCE AROUND ACTIVE PART OF THE FACILITY AND ONE WELL WAS UNLOCKED). SECOND REFERRAL SENT REGARDING 6 REGION IV FACILITIES ON 4/7/99. SEE MATTER NUMBER 04-1999-0202. THAT REFERRAL WAS WRAPPED INTO THE ORIGINAL REFERRAL AND SETTLED WITH ONE CONSENT DECREE (04-2003-C001), ENTERED ON 4/7/03. THE CASE SUMMARY FOR THE 1999 MULTI-FACILITY REFERRAL FOLLOWS: NATIONAL REFERRAL. 23 FACILITIES TOTAL, SIX OF THEM IN REGION FOUR. NEARLY 1800 VIOLATIONS OF NPDES PERMITS AT 23 FACILITIES. AT THIS TIME, KII IS THE ONLY DEFENDANT. THEY ARE A LARGE PRIVATELY HELD CORPORATION ENGAGED IN WOOD PRESERVING, COAL TAR DISTILLING (CHEMICAL MANUFACTURING), AND COKE MAKING. INJUNCTIVE RELIEF MAY BE REQUESTED FOLLOWING DISCOVERY IN THE CASE. THIS CASE IS A HQ INITIATIVE -- IT IS PART OF THE NATIONAL ENFORCEMENT SCREENING STRATEGY (NESS).

Defendants (1)

• KOPPERS INDUSTRIESNamed in complaintNamed in settlement

Facilities (7)

• KOPPERS INDUSTRIES INCORPORATED

  1 KOPPERS DRIVE, TIE PLANT, MS, 38960

  Registry ID: 110000799388

• KOPPERS INDUSTRIES INC CABOT CARBON

  200 NW 23RD BLVD & N MAIN ST, GAINESVILLE, FL, 32609

  Registry ID: 110064132102

• KOPPERS IND INC

  1415 LOUISVILLE ST, MONTGOMERY, AL, 36104

  Registry ID: 110000368593

• KOPPERS IND INC TAR & COKE PLTS

  1835 KOPPERS DR, DOLOMITE, AL, 35061

  Registry ID: 110000366283

• KOPPERS INDUSTRIES INCORPORATED

  280 KOPPERS ST., FLORENCE, SC, 29501

  Registry ID: 110000492770

• KOPPERS IND INC

  MERIWEATHER RD, GUTHRIE, KY, 42234

  Registry ID: 110015750953

• KOPPERS INDUSTRIES INC (FULTON)

  HWY 178 EAST PO BOX 340, FULTON, AL, 36446

  Registry ID: 110011887100

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• CWA 309 — Violation of Existing AO
• CAA 112 — Hazardous Air Pollutants
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (2)

• KOPPERS INDUSTRIES (04-2008-C022) (NATIONAL CASE)entered 2008-05-13

  Primary law: CWA

  Federal penalty: $387,300

• Koppers Industries (04-2003-C001) (NATIONAL CASE)entered 2003-04-07

  Primary law: CWA

  Federal penalty: $966,668

Timeline (8 milestones)

• 1998-06-10Enforcement Action Data Entered
• 1998-06-10Referred To Dept Of Justice
• 2003-01-15Complaint Filed With Court
• 2005-09-28Supplemental Referral-Other
• 2007-11-09Final Order Lodged
• 2008-05-13Concluded
• 2008-05-13Final Order Entered
• 2008-09-24Enforcement Action Closed