EPA v. US STEEL-LEAD REFINERY

Case summary

BRIEF SYNOPSIS OF THE CASE UNITED STATES SMELTING LEAD REFINERY, INC. (U.S.S. LEAD) IS A SECONDARY LEAD REFINERY/SMELTER LOCATED IN EAST CHICAGO, INDIANA. THE FACILITY DISCHARGES A COMBINATION OF NON-CONTACT PROCESS COOLING WATER BOILER BLOWDOWN AND STORM WATER INTO THE GRAND CALUMET RIVER, TRIBUTARY TO LAKE MICHIGAN. THE FACILITY'S PERMIT IN0032425, ISSUED JUNE 15, 1975, EXPIRED MARCH 31, 1980. THE FACILITY HAS CONTINUED TO DISCHARGE POLLUTANTS SINCE ITS PERMIT EXPIRATION IN VIOLA- TION OF SECTION 301(A) OF THE CWA. THE FACILITY DID NOT SEEK PERMIT RENEWAL UNTIL SEPTEMBER 27, 1982. IN RESPONSE TO A REPORTED DUCK KILL, TWO PLANT INSPEC- TIONS WERE CONDUCTED AT THE FACILITY. ANALYTICAL RESULTS OF THE SAMPLES TAKEN DURING BOTH INSPECTIONS SHOW THAT THE FACILITY EXCEEDED ITS PERMIT LEVELS FOR LEAD. ADDITIONALLY, DISCHARGE MONITORING REPORTS INDICATE THAT THE PERMIT LEVELS FOR LEAD HAVE BEEN EXCEEDED FROM SEPTEMBER, 1982, THROUGH JUNE, 1984, INCLUSIVE. DUE TO THE POTENTIAL ENVIRONMENTAL THREAT PRESENTED BY THE UNPERMITTED DISCHARGES, IT WOULD BE DESIRABLE TO OBTAIN A JUDICIALLY ENFORCEABLE CONSENT DECREE OR ORDER TO COMPEL U.S.S. LEAD TO TAKE THE NECESSARY MEASURES TO COME INTO COMPLIANCE WITH THE STATUTORY PERMIT REQUIREMENTS. IT IS ALSO NECESSARY TO OBTAIN CIVIL PENALTIES, IN LIGHT OF THE LENGTHY HISTORY OF NONCOMPLIANCE, AND THE POTENTIAL ENVIRON- MENTAL THREAT PRESENTED BY THE POLLUTANTS DISCHARGED. AN ADMINISTRATIVE ORDER WOULD BE INAPPROPRIATE, DUE TO THE NEED TO OBTAIN PENALTIES.

Defendants (1)

• USS LEAD REFINERY INCNamed in complaintNamed in settlement

Facilities (1)

• U.S. SMELTER AND LEAD REFINERY, INC.

  5300 KENNEDY BLVD, EAST CHICAGO, IN, 46312

  Registry ID: 110009284489

Statutes cited

• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• U.S.S LEAD REFINERY, INC.entered 1991-08-06

  Primary law: CWA

  Federal penalty: $55,000

Timeline (7 milestones)

• 1984-10-31Referred To Headquarters
• 1984-12-07Referred To Dept Of Justice
• 1985-05-17Complaint Filed With Court
• 1991-08-06Final Order Lodged
• 1991-08-06Final Order Entered
• 1991-08-06Concluded
• 1991-08-06Enforcement Action Closed