EPA v. E.I. DUPONT DE NEMOURS AND COMPANY

Case summary

3/11/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $59,000, DUE WITHIN 30 DAYS. NCDENR ISSUED NPDES PERMIT NO. NC0003760 TO UNIFI FOR THE DISCHARGE OF ITS TREATED PROCESS AND SANITARY WASTEWATERS, REMEDIATED GROUNDWATER, TREATED STEAM CONDENSATE, TREATED LANDFILL LEACHATE, STORMWATER, AND NON-CONTACT COOLING WATER FROM SIX OUTFALLS. THE PERMIT BECAME EFFECTIVE ON NOV 1, 2006 AND EXPIRED ON DEC 31, 2007. BECAUSE A PERMIT RENEWAL APPLICATION WAS SUBMITTED BY UNIFI TO NCDENR IN A TIMELY MANNER PRIOR TO EXPIRATION, THE EXPIRED PERMIT REMAINED ACTIVE UNTIL A NEW PERMIT IS ISSUED. WHEN DUPONT TOOK OWNERSHIP OF THE FACILITY, A NAME/OWNERSHIP CHANGE REQUEST FOR THE PERMIT WAS SUBMITTED TO NCDENR. THESE MODIFICATIONS BECAME EFFECTIVE ON JUNE 23, 2008. AN UPDATED PERMIT RENEWAL APPLICATION HAS BEEN SUBMITTED TO NCDENR BY DUPONT; A NEW PERMIT HAS NOT BEEN ISSUED TO DATE. THE PERMIT REQUIRES COMPLIANCE WITH THE EFFLUENT LIMITS SET FORTH IN THE PERMIT. THE DEMONSTRATE COMPLIANCE DUPONT MONITORS ITS DISCHARGES AND SUBMITS MONTHLY DISCHARGE MONITORING REPORTS (DMRs) TO NCDENR DESCRIBING THE RESULTS OF THE MONITORING. THE DMRs SUBMITTED TO NCDENR BY DUPONT, SINCE IT BECAME THE OWNER OF THE FACILITY, INDICATE THAT DUPONT HAS DISCHARGED LEVELS OF MERCURY IN EXCESS OF THE TOTAL MERCURY LIMITATION ESTABLISHED IN ITS PERMIT IN SEPT 2008 FROM OUTFALL 002, AND DURING THE MONTHS JULY - DEC 2008 AND FEB AND MARCH 2009 FROM OUTFALL 003. THEREFORE, RESOPNDENT HAS VIOLATED SECTIONS 302(a) AND 402 OF THE CWA BY FAILING TO COMPLY WITH THE PERMIT AND FOR DISCHARGES ABOVE THE LIMITS ALLOWED BY THE PERMIT.

Defendants (1)

• E.I. DUPONT DE NEMOURS AND COMPANYNamed in complaintNamed in settlement

Facilities (2)

• COVATION BIOMATERIALS KINSTON SITE

  4693 HWY 11 N, GRIFTON, NC, 28530

  Registry ID: 110043785909

• COVATION BIOMATERIALS KINSTON SITE

  4693 HWY 11 N, GRIFTON, NC, 28530

  Registry ID: 110043785909

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• E.I. DUPONT DE NEMOURS AND COMPANYentered 2010-03-11

  Primary law: CWA

  Federal penalty: $59,000

Timeline (4 milestones)

• 2010-03-11Final Order Issued
• 2010-03-11Complaint Filed/Proposed Order
• 2010-03-12Enforcement Action Data Entered
• 2010-04-20Enforcement Action Closed