EPA v. US STEEL-LORAIN

Case summary

NATURE OF THE CASE UNITED STATES STEEL IS A DELAWARE CORPORATION WHICH OWNS AND OPERATES AN INTEGRATED IRON AND STEEL MILL IN THE NORTHERN DISTRICT OF OHIO KNOWN AS THE LORAIN WORKS. THE LORAIN WORKS PRODUCES FINISHED AND SEMI-FINISHED STEEL PRODU CTS INCLUDING PIPE AND TUBES, BAR PRODUCTS, AND RODS. ON JANUARY 27, 1979, THE UNITED STATES OF AMERICA FILED A COM- PLAINT ALLEGING VIOLATIONS OF THE CLEAN WATER ACT, 33 U.S.C. SECTION 1251, ET SEQ., AND NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT NO. D328*BD (PERMIT AP- PLICATTION NO. OH 0001562). ON JUNE 27, 1980, THE PLAINTIFF AND DEFENDANT ENTERED INTO A CONSENT DECREE IN RESOLUTION OF THE ALLEGED VIOLA- TIONS. THIS DECREE PROVIDED, AMONG OTHER THINGS, FOR THE EXPENDITURE OF $4.0 MILLION DOLLARS OVER A FOUR YEAR PERIOD TO OFFSET THE PROPOSED PENALTIES FOR THE DEFENDANT'S ALLEG- ED VIOLATIONS. CAUSE OF ACTION THE CONSENT DECREE PROVIDES FOR AN EXPENDITURE OF $2.0 MILLION FOR THE PERIOD JUNE 27, 1980, THROUGH JUNE 30, 1982, AND AN EXPENDITURE OF $1.0 MILLION ANNUALLY FOR THE PERIOD JULY 1, 1982 THROUGH JUNE 30, 1984. THESE EXPENDITURES WERE TO BE MADE THROUGH THE INITIATION AND MAINTENANCE OF A DUST SUPPRESSION PROGRAM AT THE SITE. AS OF JUNE 30, 1983, UNITED STATES STEEL HAS EXPENDED ONLY $1,518,426 ON THE PRO- GRAM. ACCORDINGLY, THE DEFENDANT OWES THE UNITED STATES $1,481,574. THIS ACTION IS FOR THE COLLECTION OF THAT DEBT. PROPOSED REMEDY U.S. EPA SEEKS ENFORCEMENT OF THE CIVIL PENALTIES PRO- VISION OF THE CONSENT DECREE BY THE PAYMENT OF $1,481,574 IN CIVIL PENALTIES. ISSUES OF NATIONAL AND PRECEDENTIAL SIGNIFICANCE THERE ARE NO REAL ISSUES OF NATIONAL AND PRECEDENTIAL SIGNIFICANCE.

Defendants (1)

• UNITED STATES STEEL CORP. (LORAIN)Named in complaintNamed in settlement

Facilities (2)

• REPUBLIC TECHNOLOGIES INTERNATIONAL

  1807 EAST 28TH STREET, LORAIN, OH, 44055

  Registry ID: 110000385645

• REPUBLIC TECHNOLOGIES INTERNATIONAL

  1807 EAST 28TH STREET, LORAIN, OH, 44055

  Registry ID: 110000385645

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• US STEEL-LORAINentered 1985-11-22

  Primary law: CWA

  Federal penalty: $200,000

Timeline (7 milestones)

• 1984-02-10Enforcement Action Data Entered
• 1984-03-30Referred To Headquarters
• 1984-05-17Referred To Dept Of Justice
• 1984-08-08Complaint Filed With Court
• 1985-11-22Final Order Lodged
• 1985-11-22Final Order Entered
• 1985-11-22Concluded