EPA v. MODINE MFG CO - PEMBERVILLE, OH

Case summary

STATUTE AND REGULATIONS CLEAN WATER ACT SECTIONS 307 AND 309, 33 U.S.C. SECTION 1317 AND SECTION 1319 40 C.F.R. SECTIONS 403.12, 413.64 AND 433.15. DEFENDANT MODINE MANUFACTURING COMPANY 415 BIERLEY ROAD PEMBERVILLE, OH 43450 VIOLATIONS DISCHARGING TOXIC POLLUTANTS IN EXCESS OF STANDARDS SET FORTH IN 40 C.F.R. SECTIONS 413.64 AND 433.15, THEREBY, VIOLATING SECTION 307(B) OF THE CLEAN WATER ACT, 33 U.S.C. SECTION 1317(B). PROPOSED RELIEF (A) JUDICIALLY ENFORCEABLE COMPLIANCE SCHEDULE WITH MILESTONE DEADLINES FOR STEPS REQUIRED TO UPGRADE OR REPLACE EXISTING WASTESTREAM TREATMENT TO COME INTO COMPLIANCE WITH THE APPLICABLE PRETREATMENT STANDARDS (B) A CIVIL PENALTY OF $500,000. CONTACTS WITH DEFENDANT NOVEMBER 8, 1985, CONFERENCE AT EPA HEADQUARTERS, DECEMBER 31, 1985, SECTION 308 REQUEST FOR INFORMATION AND JANUARY 30, 1986, MODINE SECTION 308 RESPONSE. PRECEDENTIAL LEGAL ISSUES EARLY ENFORCEMENT CASES UNDER FEBRUARY 15, 1986, METAL FINISHING REGULATIONS. DATE OF RECEIPT OF EVIDENCE OF VIOLATIONS WHICH LED TO DECISION TO INITIATE ENFORCEMENT PROCEEDINGS NOVEMBER 8, 1985 AND JANUARY 30, 1986 DATE REFERRAL IS SIGNED BY THE REGIONAL ADMINISTRATOR MARCH 31, 1986. SIGNIFICANT ASPECTS OF THIS CASE ONE OF NINE OR MORE MODINE PLANTS BEING REFERRED FOR SIMILAR VIOLATIONS. MODINE CONTESTS THE APPLICABLE REGULA- TIONS THROUGH CONSOLIDATED SUIT NOW PENDING IN THE THIRD CIRCUIT COURT OF APPEALS.

Defendants (1)

• MODINE MANUFACTURING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• MODINE MANUFACTURING COMPANY

  615 BIERLEY RD., PEMBERVILLE, OH, 43450

  Registry ID: 110012641169

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• MODINE MFG CO - PEMBERVILLE, OHentered 1987-08-24

  Primary law: CWA

  Federal penalty: $275,000

Timeline (7 milestones)

• 1986-03-31Referred To Headquarters
• 1986-05-16Referred To Dept Of Justice
• 1987-06-19Complaint Filed With Court
• 1987-08-24Final Order Entered
• 1987-08-24Concluded
• 1987-08-24Final Order Lodged
• 1989-09-01Enforcement Action Closed