EPA v. BASF CATALYSTS, LLC

Case summary

1/6/12 - COMPLIANCE ORDER ISSUED. BASF VIOLATED CWA 301 AND 402(p)BY FAILING TO COMPLY WITH THE PERMIT AND FOR DISCHARGES NOT AUTHORIZED BY PERMIT. ORDER REQUIRES: A. WITHIN 90 DAYS, DEVELOP AND IMPLEMENT CONTROL MEASURES TO CEASE THE DISCHARGE OF WASTEWATER FROM STORMWATER OUTFALLS #1 AND 2 AND FROM GENERAL REFUSE LANDFILL AND NITRATE LANDFILL. B. WITHIN 90 DAYS, MODIFY THE SWP3 TO INCLUDE: - ALL POTENTIAL POLLUTANT SOURCES INCLUDING BUT NOT LIMITED TO POLLUTANTS FROM NITRATE LANDFILL, GENERAL REFUSE LANDFILL, CLOSE NITRATE LANDFILL, RR TIE STORAGE AREA, RR CAR WASHING AREA AND DRUM CRUSHING OPERATION; -DETAILED SITE MAP INDICATING THE OUTLINE OF EACH DRAINAGE AREA TO ITS CORRESPONDING STORMWATER OUTFALL, INCLUDING BUT NOT LIMITED TO DRAINAGE AREAS OF THE NITRATE LANDFILL, GENERAL REFUSE LANDFILL, CLOSED NITRATE LANDFILL, RR TIE STORAGE CAR WASHING AREA AND DRUM CRUSHING OPERATION; SUCH DELINEATION SHOULD INCLUDE THE BOUNDARIES OF THE 175-ACRE INDUSTRIAL, PRODUCTION, AND PROCESS AREAS AND THE BOUNDARIES OF THE 570-ACRE AREA COVERED BY PERMIT; -INVENTORY OF ALL MATERIALS POTENTIALLY EXPOSED TO PRECIPITATION INCLUDING BUT NOT LIMITED TO WASTE AND MATERIALS AT THE NITRATE LANDFILL, GENERAL REFUSE LANDFILL, CLOSE NITRATE LANDFILL, RR TIE STORAGE AREA, RR CAR WASHING AREA AND DRUM CRUSHING OPERATION; -ID AND ASSESSMENT OF NITRATE LANDFILL, GENERAL REFUSE LANDFILL, CLOSED NITRATE LANDFILL, RR TIE STORAGE AREA, RR CAR WASHING AREA AND DRUM CRUSHING OPERATION, AND ANY OTHER POTENTIAL POLLUTANT SOURCES FOR ANY POLLUTANT OR POLLUTANT PARAMETER OF CONCERN; -DEVELOPMENT AND IMPLEMENTATION OF APPROPRIATE BMPs FOR, AT A MINIMUM, NITRATE LANDFILL, GENERAL REFUSE LANDFILL, CLOSED NITRATE LANDFILL, RR TIE STORAGE, RR CAR WASHING AND USED DRUM CRUSHING OPERATION; -DEVELOPMENT AND IMPLEMENTATION OF GOOD HOUSEKEEPING PRACTICES FOR, AT A MINIMUM, THE SWEEPING OF WASTE PRODUCT, PELLETS AND OTHER WASTE MATERIALS, AND THE RR CAR CLAY LOADING AREA; -DEVELOPMENT AND IMPLEMENTATION OF A PREVENTATIVE MAINTENANCE PROGRAM FOR, AT A MINIMUM, THE DRAIN AT THE MBC PELLET AGING AREA AND THE RR TIE STORAGE AREA; -PROCEDURES TO PERFORM AND DOCUMENT VISUAL EXAMINATIONS OF DISCHARGES WITHIN THE FIRST 30 MINUTES OF DISCHARGE FROM A QUALIFYING STORM EVENT; -PROCEDURES FOR SIGNING AND CERTIFYING NON-STORMWATER DISCHARGE CERTIFICATIONS INCLUDING BUT NOT LIMITED TO AMENDING OR CORRECTING THE SEPT 9, 2010, NON-STORMWATER DISCHARGE CERTIFICATION; -ID, DEVELOPMENT, IMPLEMENTATION, AND MAINTENANCE PROCEDURES OF ADEQUATE BMPs FOR, AT A MINIMUM, THE STORMWATER OUTFALLS, INCLUDING THE SLOPED AREA, GUARD RAILS, RIPRAP AND ROCK OUTLET PROTECTION; AND -PROCEDURES FOR CONDUCTING ANNUAL COMPREHENSIVE SITE INSPECTIONS TO INCLUDE TIMELY EVALUATION OF SAMPLING DATA, AND EVALUATION OF ADEQUACY OF BMPs AT ALL STORAGE OR DISPOSAL AREAS EXPOSED TO PRECIPITATION, INCLUDING BUT NO LIMITED TO NITRATE LANDFILL, GENERAL REFUSE LANDFILL, CLOSED NITRATE LANDFILL, RR TIE STORAGE AREA, RR CAR WASHING AREA AND DRUM CRUSHING OPERATION. C. WITHIN 90 DAYS, DEVELOP AND IMPLEMENT A SAMPLING AND RECORDKEEPING PROCEDURE TO ENSURE THAT ALL ANNUAL STORMWATER SAMPLES ARE TAKEN DURING THE FIRST 30 MINUTES OF DISCHARGE DURING A QUALIFYING STORM EVENT, AND THAT THE DURATION, AMOUNT OF RAINFALL AND ESTIMATE OF TOTAL VOLUME DISCHARGED FOR THAT RAIN EVENT IS RECORDED. D. WITHIN 90 DAYS, DEVELOP AND IMPLEMENT SAMPLING AND MEASUREMENT PROCEDURES THAT ARE REPRESENTATIVE OF THE MONITORED ACTIVITIES, INCLUDING SAMPLING AT THE NITRATE LANDFILL, THE GENERAL REFUSE LANDFILL, THE CLOSED NITRATE LANDFILL, THE RR TIE STORAGE AREA, THE RR CAR WASHING AREA, THE DRUM CRUSHING OPERATION AND THE 7 STORMWATER OUTFALLS. E. WITHIN 90 DAYS OF NOTIFICATION THAT A NEW PERMIT HAS BEEN ISSUED OR EXISTING PERMIT REISSUED, REVISE SWP3 TO INCLUDE REQUIREMENTS OF NEW/REISSUED PERMIT AND REQUIREMENTS OF THIS ORDER. F. WITHIN 120 DAYS, SUBMIT DOCUMENTATION THAT REQUIREMENTS HAVE BEEN MET.

Defendants (1)

• BASF CATALYSTS LLCNamed in settlement

Facilities (2)

• BASF CATALYST, LLC

  141 ENGELHARD ROAD, ATTAPULQUS, GA, 39815

  Registry ID: 110007248683

• BASF CATALYST, LLC

  141 ENGELHARD ROAD, ATTAPULQUS, GA, 39815

  Registry ID: 110007248683

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BASF CATALYSTS, LLCentered 2012-01-06

  Primary law: CWA

Timeline (4 milestones)

• 2012-01-06Final Order Issued
• 2012-01-18Enforcement Action Data Entered
• 2013-01-01NPDES Closed
• 2013-01-01Enforcement Action Closed