EPA v. INLAND STEEL COMPANY

Case summary

BRIEF SYNOPSIS OF CASE INLAND STEEL COMPANY OWNS AND OPERATES A FULLY INTE- GRATED IRON AND STEEL MANUFACTURING FACILITY AT EAST CHICAGO, INDIANA. WASTEWATER IS GENERATED AT MANY STAGES IN THE PRODUCTION PROCESS. THE WASTEWATER CONTAINS BIO- CHEMICAL OXYGEN DEMAND (BOD), OIL AND GREASE (O&G), TOTAL SUSPENDED SOLIDS (TSS), FECAL COLIFORM, TOTAL CYANIDE, TOTAL PHENOL, AMMONIA AND HEAVY METALS. INLAND STEEL COMPANY IS P RESENTLY OPERATING PURSUANT TO A NATIONAL POLLUTANT DISCHARG E ELIMINATION SYSTEM (NPDES) PERMIT WHICH EXPIRES ON FEBRU- ARY 28, 1989. THE PERMIT AUTHORIZES INLAND TO DISCHARGE FROM ITS FACILITY TO RECEIVING WATERS - INDIANA HARBOR AND THE INDIANA HARBOR SHIP CANAL. THE PERMIT FURTHER REQUIRES INLAND STEEL COMPANY TO SAMPLE AND TEST ITS EFFLUENT TO INSURE COMPLIANCE WITH LIMITATIONS IN THE PERMIT. EPA INVESTIGATORS AUDITED INLAND STEEL COMPANY'S LABOR- AOTRY PROCEDURES IN THE SPRING OF 1984 AND NOTED NUMEROUS DEFICIENCIES WHICH CALL INTO QUESTION THE SELF-MONITORING RESULTS REPORTED BY INLAND STEEL COMPANY FOR MANY YEARS. ITS DEFICIENCIES OCCURRED IN SAMPLE COLLECTION, HOLDING TIME, PRESERVATION TECHNIQUES, AND LABORATORY METHODOLOGIES FOR FIVE-DAY BIOCHEMICAL OXYGEN DEMAND (BOD), TOTAL SUS- PENDED SOLIDS (TSS), AMMONIA, TOTAL CYANIDE, TOTAL PHENOL, AND HEAVY METALS. ADDITIONALLY, DEFICIENCIES OCCUR IN CALIBRATION OF THERMOMETERS; MAINTENANCE OF LOGS FOR OVENS, INCUBATORS, AND WATER BATHS; THE NUMBER OF REFERENCE SAMPLES AND OTHER DEVIATIONS FROM THE 14TH EDITION OF STAND- ARD METHODS. DUE TO THE DEFICIENCIES NOTED IN INLAND'S LABORATORIES AND THE RESULTING UNCERTAINTY ABOUT ACTUAL EFFLUENTS, IT WOULD BE DESIRABLE TO OBTAIN A JUDICIALLY ENFORCEABLE CON- SENT DECREE, OR ORDER, TO COMPEL INLAND TO TAKE THE NECES- SARY MEASURES TO CORRECT THE DEFICIENCIES IN ITS LABORATORY TECHNIQUES. IT IS ALSO NECESSARY TO OBTAIN CIVIL PENALTIES IN LIGHT OF WHAT IS APPARENTLY CONTINUING NONCOMPLIANCE. CONCLUSION AND RECOMMENDATIONS REFERRAL OF THIS MATTER IS NECESSARY TO ABATE THIS THREAT TO THE ENVIRONMENT. CONTEMPT ACTION AGAINST INLAND STEEL CO: THE CONSENT ORDER REQUIRED INLAND STEEL CO, INDIANA HARBOR WORKS IN EAST CHICAGO, INDIANA ( INLAND ) TO DEVELOP SEVERAL PROGRAMS AND TAKE SPECIFIC ACTIONS RELATED TO LABORATORY AND SAMPLING PROCEDURES, REPORTING, FLOW MONITORING, AND COMPLI- ANCE WITH EFFLUENT LIMITATIONS.

Defendants (1)

• INLAND STEEL COMPANYNamed in complaintNamed in settlement

Facilities (9)

• ISPAT INLAND INCORPORATED

  3210 WATLING ST., EAST CHICAGO, IN, 46312

  Registry ID: 110066942526

• ISPAT INLAND INCORPORATED

  3210 WATLING ST., EAST CHICAGO, IN, 46312

  Registry ID: 110066942526

• ISPAT INLAND INCORPORATED

  3210 WATLING ST., EAST CHICAGO, IN, 46312

  Registry ID: 110066942526

• ISPAT INLAND INCORPORATED

  3210 WATLING ST., EAST CHICAGO, IN, 46312

  Registry ID: 110066942526

• ISPAT INLAND INCORPORATED

  3210 WATLING ST., EAST CHICAGO, IN, 46312

  Registry ID: 110066942526

• ISPAT INLAND INCORPORATED

  3210 WATLING ST., EAST CHICAGO, IN, 46312

  Registry ID: 110066942526

• ISPAT INLAND INCORPORATED

  3210 WATLING ST., EAST CHICAGO, IN, 46312

  Registry ID: 110066942526

• ISPAT INLAND INCORPORATED

  3210 WATLING ST., EAST CHICAGO, IN, 46312

  Registry ID: 110066942526

• ISPAT INLAND INCORPORATED

  3210 WATLING ST., EAST CHICAGO, IN, 46312

  Registry ID: 110066942526

Statutes cited

• CWA 311 — Oil and Hazardous Substance Liability
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• INLAND STEEL COMPANYentered 1988-05-04

  Primary law: CWA

  Federal penalty: $100,000

Timeline (7 milestones)

• 1984-12-31Referred To Headquarters
• 1985-10-24Referred To Dept Of Justice
• 1986-04-01Complaint Filed With Court
• 1988-05-04Final Order Lodged
• 1988-05-04Final Order Entered
• 1988-05-04Concluded
• 1988-05-04Enforcement Action Closed