EPA v. MALCO PRODUCTS, INC.

Case summary

MALCO PRODUCTS INC., BARBERTON, OHIO, IS CURRENTLY DIS- CHARGING UNTREATED PROCESS WASTEWATER TO THE TUSCARAWAS RIVER THROUGH DIRECT OUTFALLS, AND TO THE CITY OF BARBERTON TREATMENT WORKS (POTW) THROUGH THE SANITARY SEWER. THE DIS- CHARGES TO THE RIVER ARE NOW UNPERMITTED, AND THE DISCHARGES TO THE CITY POTW ARE UNAUTHORIZED, AND BOTH DISCHARGES ARE CONTRARY TO PREVIOUS REPRESENTATIONS MADE BY MALCO THAT ONLY SANITARY WASTES WERE BEING DISCHARGED. REGION V ON JUNE 3, 1983, ISSUED A NOTICE OF VIOLATION TO OHIO EPA AND MALCO. THAT NOTICE GAVE OHIO EPA THIRTY DAYS TO COMMENCE ENFORCE- MENT ACTION. TO DATE, OHIO EPA HAS NOT TAKEN SUCH ACTION, AND LITTLE SUBSTANTIVE PROGRESS HAS BEEN REPORTED BY OHIO EPA IN THE CASE. IN LIGHT OF THIS COMPANY'S PREVIOUS HISTORY OF MISREPRESENTATIONS AND IN VIEW OF THE SERIOUS UPSET PROB- LEMS THE CITY OF BARBERTON'S TREATMENT WORKS EXPERIENCE BE- CAUSE OF MALCO'S PROCESS DISCHARGES, REGION V STRONGLY RECOMMENDS FEDERAL ENFORCEMENT ACTION. DESCRIPTION OF THE FACILITY: THE MALCO FACILITY IS LOCATED AT 361 FAIRVIEW AVENUE, BARBERTON, SUMMIT COUNTY, OHIO. BARBERTON IS A SUBURB OF AKRON, OHIO, AND HAS A CURRENT POPULATION OF APPROX 40,000. MALCO IS ENGAGED IN THE MANUFACTURE OF SPECIALTY CHEM- ICALS WHICH INCLUDE, AMONG OTHERS, INORGANIC AND ORGANIC SOAPS, DETERGENTS, BLEACHES, AND FABRIC SOFTENERS, AS WELL AS CAR WAXES AND OIL ADDITIVES. THERE IS ONE MAIN BUILDING AT THE FACILITY WHICH IS DIVIDED INTO THREE WORK AREAS: MAN- UFACTURING-PROCESS AREA, WAREHOUSE, AND OFFICE. RAW MATERI- ALS ARE BROUGHT INTO THE PLANT VIA RAIL AND TRUCK TRANSPORT, AND FINISHED MATERIALS ARE ALSO SHIPPED OUT BY BOTH METHODS. DISCHARGE POINTS TO THE RIVER INCLUDE PROCESS WASTES FROM THE MANUFACTURING AREA TRANSPORTED VIA FLOOR DRAINS. APPROX 300 PEOPLE ARE EMPLOYED AT THE PLANT. DISCHARGE OUTFALLS TO THE RIVER AND THE POTW TIE-IN: CONTRARY TO THE NPDES PERMIT APPLICATION FILED BY MAL- CO, THIS FACILITY NOW HAS DIRECT UNPERMITTED PROCESS OUTFALL TO THE TUSCARAWAS RIVER. THESE DISCHARGES WERE DOCUMENTED BY THE OHIO EPA DURING AN UNANNOUNCED PRE-PERMIT SURVEY OF THE MALCO FACILITY ON DECEMBER 7, 1982. FIRST, THERE IS A DISCHARGE THROUGH A CROSS-CONNECTION TO THE LARGE STORM SEWER LEADING TO THE RIVER. ON THE DATE OF THE OHIO EPA INSPECTION, THIS DISCHARGE WAS ESTIMATED TO BE AT A RATE OF 5-10 GALLONS PER MINUTE (GPM). SECOND, THERE IS A DIRECT DISCHARGE THROUGH A CLAY PIPE TO THE MIDDLE STORM SEWER LEADING TO THE RIVER. ON THE DAY OF INSPECTION, OHIO EPA SAW NO DISCHARGE FROM THIS OUTFALL. THE THIRD DIS- CHARGE POINT IS THROUGH A SMALL SEWER AT THE N/W SIDE OF THE PROPERTY LEADING TO THE RIVER. OHIO EPA INSPECTORS NOTED A ONE GPM DISCHARGE DURING THEIR INSPECTION. THE RESULTS OF THE OHIO EPA SURVEY INDICATE THAT THE LARGE STORM SEWER CONTAINS MALCO SANITARY SEWER CROSS CON- NECTION, THE MIDDLE SEWER CONTAINS FLOOR DRAINAGE FROM THE PROCESS AREA AND THE SMALL SEWER CONTAINS RUN-OFF FROM TRANSFER AREAS AND SOLVENT STORAGE AREAS. THESE PROCESS DIS- CHARGES WERE NOT NOTED IN MALCO'S NPDES PERMIT APPLICATION. IN ADDITION TO THE DIRECT DISCHARGES TO THE RIVER, THE LIFT STATION TYING INTO THE SANITARY SEWER, WHICH FEEDS INTO THE BARBERTON POTW, WAS INSPECTED AND SAMPLES COLLECTED. ANALYSES RESULTS CONFIRM THE PRESENCE OF INDUSTRIAL WASTES SIMILAR TO THOSE FOUND IN THE LARGE STORM SEWER AND THUS CONFIRMED A TIE-IN WITH THE POTW. MALCO NEVER FILED A PERMIT TO INSTALL (PTI) APPLICATION WITH OHIO EPA FOR THIS TIE-IN, AND NO PLANS WERE EVER SUBMITTED TO OHIO EPA FOR THE ACTUAL CONSTRUCTION WORK. IN ADDITION, IN ITS NPDES APPLICATION, MALCO INDICATED THAT ALL PROCESS WASTEWATERS DISCHARGED TO THE POTW, ESTIMATED TO BE 450 GALLONS PER DAY, WERE TREATED PRIOR TO DISCHARGE.

Defendants (1)

• MALCO PRODUCTS INCNamed in complaintNamed in settlement

Facilities (1)

• MALCO PRODUCTS INCORPORATED

  361 FAIRVIEW AVE., BARBERTON, OH, 44203

  Registry ID: 110000388474

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MALCO PRODUCTS, INC.entered 1986-11-10

  Primary law: CWA

  Federal penalty: $100,000

Timeline (8 milestones)

• 1983-08-05Referred To Headquarters
• 1983-09-19Referred To Dept Of Justice
• 1984-04-25Referred TO U.S. Attorney
• 1984-05-10Complaint Filed With Court
• 1986-11-10Concluded
• 1986-11-10Enforcement Action Closed
• 1986-11-10Final Order Lodged
• 1986-11-10Final Order Entered