EPA v. GENERAL MOTORS CORP - NORWOOD

Case summary

BRIEF SYNOPSIS OF THE CASE GENERAL MOTORS CORPORATION OWNS AND OPERATES NUMEROUS MAJOR INDUSTRIAL FACILITIES WHICH ARE SUBJECT TO THE CATE- GORICAL PRETREATMENT STANDARDS FOR ELECTROPLATING BECAUSE THEY CONTAIN ELECTROPLATING OPERATIONS AND DISCHARGE WASTE- WATER TO PUBLICLY OWNED TREATMENT WORKS. ONE OF THESE PLANTS IS THE GM ASSEMBLY DIVISION, NORWOOD PLANT. THIS PLANT DISCHARGES PROCESS WASTEWATERS TO THE METROPOLITAN SEWER DISTRICT OF CINCINNATI. THE NORWOOD PLANT HAS 2.6 MILLION SQUARE FEET OF PRODUCTION AREA AND HAS A TOTAL PLANT WASTEWATER FLOW OF 832,000 GALLONS PER DAY, APPROXI- MATELY 162,000 OF WHICH IS SUBJECT TO THE ELECTROPLATING STANDARDS. GENERAL MOTORS HAS SUBMITTED BASELINE MONITORING RE- PORTS FOR THE NORWOOD PLANT WHICH INDICATE THAT THE PLANT WILL EXCEED THE ELECTROPLATING PRETREATMENT STANDARDS FOR ZINC, LEAD AND TOTAL METALS BY SIGNIFICANT AMOUNTS BEGIN- NING JUNE 30, 1984. REGION V BELIEVES THAT GENERAL MOTORS' FAILURE TO ACHIEVE COMPLIANCE RESULTS FROM ITS FAILURE TO TAKE ANY ACTION FOR ALMOST A YEAR AFTER IT BECAME CLEAR THAT THE ELECTROPLATING STANDARDS WOULD APPLY TO ITS FACILITIES. COMPLIANCE SCHEDULES SUBMITTED BY GMC INDICATE THAT GMC WILL MISS THE COMPLIANCE DATE BY ALMOST 15 MONTHS. GENERAL MOTORS IS HANDLING PRETREATMENT MATTERS ON A CORPORATE-WIDE SCALE, AND SEVERAL OF ITS PLANTS ARE PROJECTED TO BE OUT OF COMPLIANCE WITH THE ELECTROPLATING STANDARDS AS OF JUNE 30, 1984. REGION V HAS PREVIOUSLY SUBMITTED A LITIGATION REPORT CONCERNING GMC'S CHEVROLET DIVISION, LIVONIA PLANT, AND IN- TENDS TO SUBMIT ADDITIONAL LITIGATION REPORTS CONCERNING OTHER GMC FACILITIES IN THE NEAR FUTURE. ALTHOUGH OHIO HAS AN APPROVED PRETREATMENT PROGRAM, IT DOES NOT HAVE LEGAL AUTHORITY TO ENFORCE CATEGORICAL PRETREATMENT STANDARDS. OHIO IS SUPPORTIVE OF FEDERAL ENFORCEMENT ACTION AGAINST GMC. VIGOROUS PROSECUTION OF AN ENFORCEMENT ACTION AGAINST GENERAL MOTORS IS NECESSARY TO CONVEY THE MESSAGE THAT EPA INTENDS TO CARRY OUT ITS PRETREATMENT PROGRAM. REGION V WILL COMMIT SUFFICIENT RESOURCES TO OBTAIN AN ENVIRONMEN- TALLY BENEFICIAL RESOLUTION OF THIS MATTER. DUE TO THE LARGE EXTENT OF THE SAMPLING PROGRAM WHICH WILL BE NECES- SARY, REGION V WILL PROBABLY NEED TO ENLIST THE ASSISTANCE OF THE NATIONAL ENFORCEMENT INVESTIGATION CENTER (NEIC), PERHAPS AS EARLY AS JULY 1984.

Defendants (1)

• GENERAL MOTORS CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• GENERAL MOTORS CORPORATION ASSEMBLY DIVISION

  4726 SMITH ROAD, NORWOOD, OH, 45212

  Registry ID: 110001625117

Statutes cited

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

Enforcement conclusions (1)

• GENERAL MOTORS CORPORATIONentered 1984-08-31

  Primary law: CWA

Timeline (8 milestones)

• 1984-06-08Referred To Headquarters
• 1984-08-03Referred To Dept Of Justice
• 1984-08-23Referred TO U.S. Attorney
• 1984-08-27Complaint Filed With Court
• 1984-08-31Final Order Lodged
• 1984-08-31Final Order Entered
• 1984-08-31Concluded
• 1987-12-15Enforcement Action Closed