EPA v. AEROSPACE COATING INTERNATIONAL, LLC & KNIGHT DRIVE, INC.

Case summary

9/22/17 - JOINT STIPULATION OF SETTLEMENT. AEROSPACE COATINGS INTERNATIONAL, LLC, WHICH IS A WHOLLY-OWNED SUBSIDIARY OF WENCOR GROUP, LLC, IS THE CURRENT OWNER AND OPERATOR OF A FACILITY LOCATED AT 370 KNIGHT DRIVE IN OXFORD, TALLADEGA COUNTY, AL. THE FACILITY HAS PERFORMED METAL FINISHING OPERATIONS FOR THE AVIATION INDUSTRIAL, INCLUDING ELECTROPLATING, ELECTROLESS PLATING, COATING AND CHEMICAL ETCHING OF AIRPLANE COMPONENTS, FROM APR 2002 TO PRESENT. THE FACILITY IS THEREFORE A SIGNIFICANT INDUSTRIAL USER UNDER 40 CFR 403.3(v) AND ITS DISCHARGES ARE COVERED BY THE SELF-IMPLEMENTING CATEGORICAL PRETREATMENT STANDARDS IN 40 CFR PART 433. THE FACILITY'S DISCHARGE WAS FIRST IDENTIFIED BY EPA DURING A PRETREATMENT PROGRAM RECONNAISSANCE INSPECTION IN NOV 2012 THAT WAS CONDUCTED AS PART OF ANOTHER INVESTIGATION IN THE VICINITY. FOR APPROX ELEVEN YEARS FROM APR 2002 TO APR 2013, THE FACILITY DISCHARGED REGULATED METAL FINISHING WASTWATERS TO A PUBLICLY-OWNED SEWAGE TREATMENT WORKS WITHOUT ANY OF THE NECESSARY PRETREATMENT EQUIPMENT INSTALLED AND WITHOUT A PERMIT REQUIRED FROM THE STATE OF AL. UPON NOTIFICATION, AEROSPACE COATINGS INTERNATIONAL, LLC VOLUNTARILY CEASED DISCHARGE AT THE FACILITY UNTIL IT OBTAINED A PERMIT FROM THE STATE OF ALABAMA IN APR 2013, AND EXPENDED THE RESOURCES TO INSTALL THE NECESSARY PRETREATMENT EQUIPMENT AT THE FACILITY BY JULY 2013. THE FACILITY HAD ALSO COMPLETED A SIGNIFICANT EXPANSION OF ITS METAL PLATING OPERATIONS IN APR 2013; PRETREATMENT WAS ADDED TO THOSE OPERATIONS AS WELL PRIOR TO THOSE OPERATIONS COMMENCING DISCHARGE. IN 2013, EPA REFERRED THE REDRESS OF LIABILITY IN THIS CASE TO DOJ SINCE IT EXCEEDED TEH AGENCY'S ADMINISTRATIVE LIMITS. A CD SETTLEMENT WAS REACHED IN 2016 WHEREBY AEROSPACE COATING INTERNATIONAL, LLC, A WHOLLY-OWNED SUBSIDIARY OF WENCOR GROUP, LLC, WILL PAY THE U.S. A PENALTY OF $400,000.

Defendants (2)

• AEROSPACE COATINGS INTERNATIONAL, LLCNamed in complaintNamed in settlement
• KNIGHT DRIVE, INC.

Facilities (1)

• AEROSPACE COATINGS INTERNATIONAL LLC

  370 KNIGHT DRIVE, OXFORD, AL, 36203

  Registry ID: 110012712065

Statutes cited

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

Enforcement conclusions (1)

• AEROSPACE COATING INTERNATIONAL, LLC (04-2017-C009)entered 2017-09-22

  Primary law: CWA

  Federal penalty: $400,000

Timeline (7 milestones)

• 2013-09-19Enforcement Action Data Entered
• 2013-09-19Referred To Dept Of Justice
• 2017-09-17Complaint Filed With Court
• 2017-09-21Final Order Lodged
• 2017-09-22Final Order Entered
• 2017-10-03Enforcement Action Closed
• 2017-10-03NPDES Closed