EPA v. EMPIRE PLATING COMPANY, INC.

Case summary

BRIEF SYNOPSIS OF THE CASE EMPIRE PLATING COMPANY IS AN OHIO CORPORATION WHICH OWNS AND OPERATES A LARGE ELECTROPLATING JOB SHOP IN CLEVE- LAND, OHIO. THE PLANT, A NON-INTEGRATED FACILITY, DIS- CHARGES AN ESTIMATED 250,000-300,000 GALLONS PER DAY (GPD) OF WASTEWATER TO A PUBLICLY OWNED TREATMENT WORKS (POTW) OPERATED BY THE NORTHEAST OHIO REGIONAL SEWER DISTRICT (NEORSD). BASELINE MONITORING REPORTS AND OTHER DOCUMENTS PROVIDED BY THE OHIO ENVIRONMENTAL PROTECTION AGENCY (OHIO EPA) INDICATE THAT EMPIRE PLATING COMPANY SUBSTANTIALLY EXCEEDS THE ELECTROPLATING CATEGORICAL PRETREATMENT STAND- ARDS FOR CADMIUM, CYANIDE, ZINC, COPPER, CHROMIUM, AND TOTAL METALS. OHIO EPA IS SUPPORTIVE OF FEDERAL ENFORCEMENT AC- TION AGAINST EMPIRE PLATING COMPANY, BECAUSE, ALTHOUGH OHIO HAS AN APPROVED PRETREATMENT PROGRAM, IT DOES NOT YET HAVE AUTHORITY TO ENFORCE CATEGORICAL PRETREATMENT STANDARDS. THE TOXIC POLLUTANTS DISCHARGED BY EMPIRE PLATING COMPANY COULD POTENTIALLY PASS THROUGH THE NEORSD POTW, OR INTERFERE WITH ITS OPERATIONS OR SLUDGE DISPOSAL ALTERNA- TIVES. ABSENT A FEDERAL ENFORCEMENT ACTION, EMPIRE PLATING COMPANY WILL CONTINUE TO BE OUT-OF-COMPLIANCE WITH THE PRE- TREATMENT STANDARDS, FOR IT IS RELYING UPON A PROPOSED CENTRALIZED WASTEWATER TREATMENT SYSTEM UPON WHICH CONSTRUC- TION HAS NOT EVEN BEGUN. * * 2ND REFERRAL DATED 06/27/88 * * CONTEMPT ACTION OPEN: 06/01/88; VIOLATION DETERMINED 5/88; DATE DOCUMENTS RECEIVED BY ORC: 06/01/88; STIPULATED PENAL- TIES INITIAL AMOUNT $29,000. ORC RECOMMEND FILING FOR ADDITIONAL SANCTIONS AGAINST EM- PIRE PLATING, INC. AND EMPIRE INDUSTRIES, INC. FOR FAILING TO ADHERE TO THE TERMS AND CONDITIONS OF THE CONSENT ORDER. BOTH EMPIRE PLATING COMPANIES MUST BE ASSESSED A CIVIL PENALTY WHICH IS COMMENSURATE WITH THE DEGREE OF NONCOMPLI- ANCE AND RECALCITRANCE SHOWN BY THEIR REFUSAL TO ABIDE BY THE CONSENT ORDER ENTERED ON SEPTEMBER 11, 1987. CURRENTLY THE DEFENDANTS ARE $30,000 IN ARREARS ON A TOTAL CIVIL PENAL TY OF $75,000. FURTHERMORE, THE DEFENDANTS OWE USEPA MONTH- LY MONITORING REPORTS AND OTHER COMPLIANCE DOCUMENTATION. UNDER THE CONSENT ORDER, STIPULATED PENALTY OF $1,000 PER WEEK, PER REPORT IS OWED FOR ALL MISSING REPORTS. THE DEFENDANTS ARE THE MAJOR ELECTROPLATORS IN THE CLEVE- LAND, OHIO, AREA. THE DOJ SUED THE DEFENDANTS IN 1985 TO RE MEDY VIOLATIONS OF THE PRETREATMENT STANDARDS OF SECT 307 OF THE CWA, 42 USC SECT 1317, AND DEFENDANTS' FAILURE TO PRO- VIDE COMPLIANCE SCHEDULES, EFFLUENT MONITORING DATA AND OTHER INFORMATION REQUIRED BY THE ADMINISTRATOR. THE SEPTEM BER 1987, CONSENT ORDER WAS ENTERED AS SETTLEMENT OF THAT SUIT. HOWEVER, SINCE SETTLEMENT, THE DEFENDANTS HAVE NOT MADE A SINGLE PENALTY PAYMENT, AND ONLY FURNISHED PARTIAL COMPLIANCE REPORTS EVEN THOUGH DOCUMENTATION WAS REQUESTED BY USEPA. IMMEDIATE ACTION IS NEEDED TO: ENJOIN FUTURE VIOLATIONS OF THE CONSENT ORDER; SECURE IMMEDIATE PAYMENT OF $30,000; COM- PEL DOCUMENT PRODUCTION; AND COLLECT STIPULATED PENALTIES.

Defendants (2)

• EMPIRE INDUSTRIES, INC.Named in complaintNamed in settlement
• EMPIRE PLATING CO., INC.Named in complaintNamed in settlement

Facilities (1)

• N & W METAL FINISHING INCORPORATED

  8800 EVARTS ROAD, CLEVELAND, OH, 44104

  Registry ID: 110022447468

Statutes cited

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

Enforcement conclusions (1)

• EMPIRE PLATING COMPANY, INC.entered 1987-09-11

  Primary law: CWA

  Federal penalty: $75,000

Timeline (8 milestones)

• 1984-09-14Enforcement Action Data Entered
• 1984-09-28Referred To Headquarters
• 1984-11-05Referred To Dept Of Justice
• 1985-05-31Complaint Filed With Court
• 1987-09-11Final Order Lodged
• 1987-09-11Final Order Entered
• 1987-09-11Concluded
• 1989-10-19Enforcement Action Closed