EPA v. BROWN WOOD PRESERVING COMPANY (JAMES GRAHAM BROWN FOUNDATIONF (JGBF))

Case summary

ILLEGAL STORAGE AND DISPOSAL OF F032, F034 AND CCA. ONE DEFENDANT -- BROWN WOOD, THE CORPORATION. NATURE OF RELIEF REQUESTED: PENALTY AND COMPLIANCE WITH RCRA -- RCRA CLOSURE; CLEANUP. NATIONALLY SIGNIFICANT ISSUES: PENALTY IS ESTIMATED AT 3 MILLION; POTENTIAL HARMON ISSUES; HISTORY OF NONCOMPLIANCE. SEE ALSO 04-2000-0851. AMENDED REFERRAL SENT TO DOJ ON 06/26/01. SUPPLEMENTAL REFERRAL IS BASED UPON VIOLATIONS OF SECTION 301 AND 402 OF THE CWA. THE DEFENDANT, BROWN WOOD PRESERVING CO., IS A WOOD TREATING FACILITY LOCATED IN TUSCALOOSA COUNTY, NORTHPORT, AL. THE FACILITY OPERATES UNDER AN NPDES PERMIT WITH STORMWATER DISCHARGE REQUIREMENTS ISSUED BY THE ALABAMA DEPT. OF ENVIRONMENTAL MANAGEMENT (ADEM) UNDER PERMIT NO. AL0001121. THE FACILITY HAS VIOLATIONS OF ITS PERMIT CONDITIONS RELATING TO THE BEST MGMT PRACTICES (BMP) PLAN AND REQUIREMENTS TO MAINTAIN APPROPRIATE RECORDS. BASED UPON EPA INSPECTIONS AND THE REVIEW OF THE FACILTY'S BMP PLAN, EPA HAS DOCUMENTED 63 VIOLATIONS OF THE PERMIT, INCLUDING (1) FAILURE TO DEVELOP AN ADEQUATE BMP PLAN WHICH PREVENTS OR MINIMIZES STORMWATER CONTAMINATION; (2) FAILURE TO IMPLEMENT THE CONDITION OF ITS BMP PLAN; AND (3) FAILURE TO PROPERLY DOCUMENT RAINFALL AND SAMPLING RECORDS. EPA HAS CALCULATED A CIVIL PENALTY AMOUNT OF $28,000 USING THE VARIOUS PENALTY FACTORS AS DESCRIBED IN THE INTERIM CLEAN WATER ACT SETTLEMENT PENALTY POLICY. ADEM WAS INFORMED OF THIS ACTION AND HAS REFERRED THIS CASE TO EPA. THE INJUNCTIVE RELIEF REQUESTED INCLUDE: (1) BMP PLAN MODIFICATION TO ADDRESS ALL AREAS WITH THE GREATEST POTENTIAL OF CONTACT WITH STORMWATER DISCHARGE; (2) ADEQUATE IMPLEMENTATION OF THE BMP PLAN; AND (3) ESTABLISH A STANDARD OPERATING PROCEDURE TO RECORD ALL RAINFALL DATA AND DEVELOP A SAMPLING PROTOCOL THAT MEETS THE STORMWATER SAMPLING REQUIREMENTS IN THE PERMIT.

Defendants (1)

• BROWN WOOD PRESERVING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• BROWN WOOD PRESERVING SWAMP AR

  16591 BROWNVILLE RD, NORTHPORT, AL, 35476

  Registry ID: 110000608655

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• CWA 301 — NPDES Discharge without a Permit
• CWA 402 — Clean Water Act
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• BROWN WOOD PRESERVING COMPANY (JAMES GRAHAM BROWN FOUNDATIONF (JGBF))(04-2008-C001)entered 2008-10-31

  Primary law: RCRA

Timeline (7 milestones)

• 2000-09-29Referred To Dept Of Justice
• 2000-09-30Enforcement Action Data Entered
• 2001-06-26Supplemental Referral-Adding parties, counts
• 2008-09-17Complaint Filed With Court
• 2008-09-17Final Order Lodged
• 2008-10-31Concluded
• 2008-10-31Final Order Entered