EPA v. CONE MILLS CORPORATION

Case summary

RESPONDENT DISCHARGED WASTEWATER IN VIOLATION OF THE TOXICITY LIMITS IN IT PERMIT ON NUMEROUS OCCASIONS. ON 1/29/96, THE STATE ISSUED CONE MILS A SPECIAL ORDER BY CONSENT, EMC SOC 95-17 (SOC), FOR VIOLATIONS OF THE TOXICITY LIMITS CONTAINED IN ITS PERMIT. THE SOC REQUIRED CONE MILLS TO ACHIEVE COMPLIANCE WITH ITS TOXICITY LIMITS BY MAY 31, 1997. CONE MILLS DISCHARGED WASTEWATER IN VIOLATION OF IT TOXICITY LIMITS AND FAILED TO ACHIEVE COMPLIANCE WITH ITS TOXICITY LIMITS BY MAY 31, 1997 DEADLINE. ON 8/4/97, EPA AND THE STATE CONDUCTED A JOINT COMPLIANCE EVALUATION INSPECTION AT THE FACILITY AND DISCUSSED THE TOXICITY NONCOMPLIANCE WITH CONE MILLS AND ITS CONSULTANT. THE INSPECTION REVEALED OPERATION AND MAINTENANCE DEFICIENCIES AT THE FACILITY AND CONTINUED FAILURE TO FULLY INVESTIGATE AND RESOLVE TOXICITY ISSUED. ON JUNE 17, 1998, EPA ISSUED AO 98-156 (AO) (SEE DOCKET NO. 04-1998-0323) TO CONE MILLS FOR CONTINUED VIOLATIONS OF THE TOXICITY LIMITS IN ITS PERMIT. THE AO REQUIRED CONE MILLS TO COMPLY WITH THE TOXICITY LIMITS IN ITS PERMIT BY 12/17/99. ON 12/30/98, AT THE REQUEST OF CONE MILLS, EPA MODIFIED THE AO TO EXTEND THE FINAL COMPLIANCE DATE TO 12/31/00. CONE MILLS DISCHARGED WASTEWATER IN VIOLATION OF ITS TOXICITY LIMITS AND FAILED TO ACHIEVE COMPLIANCE WITH ITS TOXICITY LIMITS BY 12/30/00 DEADLINE. ON MAY 18, 2000, THE STATE ISSUED CONE MILLS A SETTLEMENT AGREEMENT FOR CONTINUED VIOLATIONS OF THE TOXICITY LIMITS OF ITS NPDES PERMIT. THE AGREEMENT PROVIDES FOR PAYMENT OF A PENALTY TO RESOLVE OUTSTANDING VIOLATIONS OF ITS SOC AND NPDES PERMIT AND SET FORTH INTERIM LIMITS FOR TOXICITY AND ELIMINATION OF ITS WASTEWATER DISCHARGE OR COMPLIANCE WITH ITS PERMIT ON OR BEFORE JULY 1, 2001. AS OF THE DATE OF ISSUANCE OF THIS ORDER, CONE MILLS HAS FAILED TO ACHIEVE COMPLIANCE WITH THE AGREEMENT IN THAT CONE MILLS HAS DISCHARGED WASTEWATER IN VIOLATION OF ITS INTERIM TOXICITY LIMITS, FAILED TO ELIMINATE ITS WASTEWATER DISCHARGE, OR OTHERWISE COMPLY WITH ITS PERMIT LIMITS FOR TOXICITY.

Defendants (1)

• CONE MILLS CORPORATIONNamed in settlement

Facilities (1)

• CONE MILLS CORP-GUILFORD

  3101 NORTH ELM STREET, GREENSBORO, NC, 27415

  Registry ID: 110009854522

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CONE MILLS CORPORATIONentered 2001-04-06

  Primary law: CWA

Timeline (3 milestones)

• 2001-04-06Final Order Issued
• 2001-04-09Enforcement Action Data Entered
• 2002-03-08Enforcement Action Closed