EPA v. TOLEDO COKE CORP.

Case summary

BACKGROUND: THE LITIGATION REPORT DOCUMENTS KOPPERS' VIOLATIONS OF THE PRETREATMENT REQUIREMENTS FOR IRON AND STEEL MANUFAC- TURERS. IN PARTICULAR, KOPPERS HAS SUBSTANTIALLY EXCEEDED THE DISCHARGE LIMITS TO THE LOCAL PUBLICLY OWNED TREATMENT WORKS FOR AMMONIA, PHENOL, AND CYANIDE SINCE JULY 10, 1985, FINAL COMPLIANCE DATE. 40 CFR SECTION 420.15(A). AGGRES- SIVE ENFORCEMENT OF PRETREATMENT VIOLATIONS IS PART OF THE NATIONAL PROGRAM'S STATED STRATEGY. REGION V RECOMMENDS THE FILING OF A CIVIL ACTION AGAINST KOPPERS SEEKING BOTH INJUNCTIVE RELIEF AND THE ASSESSMENT OF CIVIL PENALTIES. ************************************************************ ************ THIS CASE SHOULD BE FILED AS A CIVIL CONTEMPT ACTION. TOLEDO COKE CORPORATION HAS VIOLATED THE CWA CONSENT DECREE ENTERED BY THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO ON 3/28/90. SPECIFICALLY, TOLEDO COKE WAS REQUIRED TO COMPLY WITH CERTAIN EFFLUENT LIMITATIONS. TOLEDO COKE VIOLATED VARIOUS POLLUTANT EFFLUENT LIMITATIONS FROM THE TIME THE DECREE WAS ENTERED AND THUS HAS INCURRED STIPULATED PENALTIES. THE U.S. SHOULD SEEK AN ORDER OF THE COURT, REQUIRING TOLEDO COKE TO COMPLY WITH THE TERM SOF THE CONSENT DECREE AND THE PAYMENT OF STIPULATED PENALTIES IN THE AMOUNT OF $329,000 FOR EFFLUENT VIOLATIONS. THIS CASE INVOLVES VIOLATIONS OF A CONSENT DECREE ENTERED BY THE U.S. DISTRICT COURT FOR NDOH, TO SEEK A CIVIL ACTION BETWEEN THE U.S. AND THE TOLEDO COKE. THE COMPLAINT ALLEGED VIOLATIONS OF SECTIONS 307 OF THE CWA, THE SPECIFIC EFFLUENT CATEGORICAL LIMITATIONS FOR EXISTING SOURCES OF THE BY-PRODUCT COKEMAKING. THE CONSENT DECREE, NUMBER C87-7218, WAS ENTERED ON MARCH 2, 1990, TO RESOLVE VIOLATIONS OF SPECIFIC CATEGORICAL EFFLUENT LIMITATIONS FOR PHENOLS, AMMONIA, AND CYANIDE. THE DECREE REQUIRED TOLEDO COKE TO IMPLEMENT A LIQUID WASTE PRETREATMENT PROGRAM TO COMPLY WITH SPECIFIC INTERIM AND CATEGORICAL EFFLUENT LIMITATIONS AND TO PAY A CIVIL PENALTY OF $100,000. TOLEDO COKE IMPLEMENTED A LIQUID WASTE PRETREATMENT PROGRAM WHICH INCLUDED A BIOLOGICAL TREATMENT SYSTEM, REQUIRING THE INSTALLATION OF CERTAIN EQUIPMENT AND PIPING MODIFICATIONS. TOLEDO COKE VIOLATED IMPORTANT MILESTONE DATES FOR COMPLETION AND START-UP OF THE LIQUID WASTE PRETREATMENT PROGRAM AND HAS EXCEEDED THE SPECIFIC INTERIM AND CATEGORICAL FINAL EFFLUENT LIMITATIONS FOR PHENOLS AND AMMONIA ESTABLISHED IN THE DECREE. ON 4/30/90, TOLEDO COKE SENT U.S.EPA A CHECK FOR $35,000 AS PAYMENT OF STIPULATED PENALTIES FOR MISSING THE MILESTONE CONSTRUCTION AND OPERATION DATES IN THE CONSENT DECREE. U.S.EPA NOW SEEKS STIPULATED PENALTIES OF $329,000 PURSUANT TO TO SECTIONS VI.14 AND VII.15 OF THE DECREE AND AN INJUNCTION TO ENSURE THAT TOLEDO COKE UNDERTAKES MODIFICATIONS OF ITS PRETREATMENT SYSTEM TO ACHIEVE COMPLIANCE WITH THE EFFLUENT LIMITATIONS. TOLEDO COKE IS A PRIVATELY HELD CORPORATION SOLELY OWNED AND OPERATED BY JAMES D. CRANE, WHO SERVES AS PRESIDENT. THE TOLEDO COKE PLANT IS A MERCHANT BY-PRODUCT COKE PLANT WHICH SELLS FOUNDRY COKE ON THE OPEN MARKET. THE 48.52 ACRE PLANT SITE IS LOCATED IN A HEAVILY INDUSTRIALIZED MANUFACTURING SECTOR OF TOLEDO, OH. THE SITE IS BOUNDED BY THE MAUMEE RIVER TO THE NORTHWEST AND BY FRONT STREET TO THE SOUTHEAST. THE FACILITY WAS FORMERLY OWNED AND OPERATED BY KOPPERS COMPANY, INC., UNTIL MAY 8, 1987, WHEN IT WAS SOLD TO TOLEDO COKE. INITIALLY KOPPERS RECOVERED

Defendants (3)

• DEFENDANTS W/SETTLEMENT 1-SETTLEMENT 2Named in complaintNamed in settlement
• KOPPERS COMPANY, INCNamed in complaintNamed in settlement
• TOLEDO COKE CORP.Named in complaintNamed in settlement

Facilities (1)

• BEAZER EAST INCORPORATED

  2563 FRONT ST, TOLEDO, OH, 436050000

  Registry ID: 110000893249

Statutes cited

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

Enforcement conclusions (2)

• KOPPERS CO./TOLEDO COKE CORP.entered 1990-03-28

  Primary law: CWA

• KOPPERS CO./TOLEDO COKE CORP.entered 1988-10-12

  Primary law: CWA

  Federal penalty: $135,000

Timeline (7 milestones)

• 1986-01-31Enforcement Action Data Entered
• 1986-06-24Referred To Headquarters
• 1986-09-02Referred To Dept Of Justice
• 1987-03-20Complaint Filed With Court
• 1990-02-05Final Order Lodged
• 1990-03-28Final Order Entered
• 1990-03-28Concluded