EPA v. CHRYSLER CORP/JEFFERSON AVE ASSEMBLY

Case summary

BRIEF SYNOPSIS OF THE CASE CHRYSLER CORPORATION OWNS AND OPERATES A NUMBER OF LARGE INDUSTRIAL FACILITIES WHICH ARE SUBJECT TO THE CATE- GORICAL PRETRETMENT STANDARDS FOR ELECTROPLATING, BECAUSE THEY CONTAIN ELECTROPLATING OPERATIONS AND DISCHARGE WASTE- WATER TO PUBLICLY OWNED TREATMENT WORKS (POTW'S). ONE OF THESE PLANTS IS THE JEFFERSON AVENUE ASSEMBLY PLANT, WHICH IS USED FOR THE ASSEMBLY OF AUTOMOBILES FROM PARTS MANU- FACTURED ELSEWHERE. THE JEFFERSONAVENUE PLANT IS DESIGNED TO PRODUCE 68 AUTOMOBILES PER HOUR, AND EMPLOYS APPROXIMATE- LY 5,000 PEOPLE. CHRYSLER HAS SUBMITTED BASELINE MONITORING REPORTS AND OTHER DOCUMENTS CONCERNING THE JEFFERSON AVENUE ASSEMBLY PLANT WHICH INDICATE THAT THE PLANT IS EXCEEDING THE ELEC- TROPLATING PRETREATMENT STANDARDS FOR NICKEL, ZINC, LEAD, AND TOTAL METALS BY SIGNIFICANT AMOUNTS, AND WILL CONTINUE TO DO SO UNTIL ITS WASTEWATER TREATMENT SYSTEM IS COMPLETED ON JANUARY 1, 1986. REGION V BELIEVES THAT CHRYSLER'S FAIL- URE TO ACHIEVE COMPLIANCE RESULTS FROM ITS FAILURE TO TAKE APPROPRIATE ACTION FOR ALMOST A YEAR AFTER IT BECAME CLEAR THAT THE ELECTROPLATING STANDARDS WOULD APPLY TO ITS FACILI- TIES. COMPLIANCE SCHEDULES SUBMITTED BY CHRYSLER INDICATE THAT IT WILL MISS THE COMPLIANCE DATE BY ALMOST 18 MONTHS. FEDERAL ENFORCEMENT IS APPROPRIATE IN THESE CASES, BE- CAUSE MICHIGAN'S APPROVED PRETREATMENT PROGRAM WAS RECENTLY REMANDED TO EPA, AND BECAUSE MICHIGAN PRESENTLY DOES NOT HAVE AUTHORITY TO ENFORCE CATEGORICAL PRETREATMENT STAN- DARDS. MOREOVER, FEDERAL ENFORCEMENT IS NECESSARY TO ENSURE CONSISTENCY WITH ENFORCEMENT ACTION AGAINST GENERAL MOTORS, ONE OF CHRYSLER'S MAJOR COMPETITORS. MICHIGAN IS SUPPORTIVE OF EPA'S EFFORTS TO TAKE ENFORCEMENT ACTIONS AGAINST MAJOR NONCOMPLYING FACILITIES LIKE GENERAL MOTORS AND CHRYSLER. REGION V PREVIOUSLY PREPARED PRETREATMENT REFERRALS AGAINST GENERRAL MOTORS CORPORATION. VIGOROUS PROSECUTION OF AN ENFORCEMENT ACTION AGAINST CHRYSLER IS NECESSARY TO CONVEY THE MESSAGE THAT EPA INTENDS TO CARRY OUT ITS PRE- TREATMENT PROGRAM. REGION V WILL COMMIT SUFFICIENT RE- SOURCES TO OBTAIN AN ENVIRONMENTALLY BENEFICIAL RESOLUTION OF THIS MATTER. DUE TO THE LARGE EXTENT OF THE SAMPLING PROGRAM WHICH MAY BE NECESSARY, REGION V MAY NEED TO ENLIST THE ASSISTANCE OF THE NATIONAL ENFORCEMENT INVESTIGATIONS CENTER (NEIC), PERHAPS AS EARLY AS AUGUST 1984. <<<PENALTY DIVIDED BETWEEN REGION V AND REGION III, $1,000 ,000 REGION V AND $500,000 REGION III >>>

Defendants (1)

• CHRYSLER CORPORATIONNamed in complaintNamed in settlement

Facilities (7)

• DAIMLER CHRYSLER COMPANY NEWARK ASSEMBLY PLANT

  550 S. COLLEGE ST., NEWARK, DE, 19713

  Registry ID: 110000338643

• DAIMLER CHRYSLER CORPORATION WARREN TRUCK ASSEMBLY PLANT 1

  21500 MOUND ROAD, WARREN, MI, 48091

  Registry ID: 110000405393

• CHRYSLER JEFFERSON ASSEMBL

  12200 JEFFERSON AVE EAST, DETROIT, MI, 48215

  Registry ID: 110001680949

• DAIMLER CHRYSLER COMPANY NEWARK ASSEMBLY PLANT

  550 S. COLLEGE ST., NEWARK, DE, 19713

  Registry ID: 110000338643

• DAIMLER CHRYSLER CORPORATION WARREN TRUCK ASSEMBLY PLANT 1

  21500 MOUND ROAD, WARREN, MI, 48091

  Registry ID: 110000405393

• DAIMLER CHRYSLER CORPORATION WARREN TRUCK ASSEMBLY PLANT 1

  21500 MOUND ROAD, WARREN, MI, 48091

  Registry ID: 110000405393

• DAIMLER CHRYSLER CORPORATION WARREN TRUCK ASSEMBLY PLANT 1

  21500 MOUND ROAD, WARREN, MI, 48091

  Registry ID: 110000405393

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 307D — Clean Water Act

Enforcement conclusions (1)

• CHRYSLER CORP./JEFFERSONentered 1985-05-31

  Primary law: CWA

  Federal penalty: $1,500,000

Timeline (7 milestones)

• 1984-08-28Referred To Headquarters
• 1984-09-27Referred To Dept Of Justice
• 1985-04-04Complaint Filed With Court
• 1985-05-31Final Order Lodged
• 1985-05-31Final Order Entered
• 1985-05-31Concluded
• 1986-04-24Enforcement Action Closed