EPA v. SHARON STEEL CORP. - BRAINARD STAPPING DIV.

Case summary

FINDING OF VIOLATION AND ORDER FOR COMPLIANCE ISSUED 6/30/86. FINDING THAT WARREN PLANT'S SANITARY, COOLING WATER AND PROCESS WASTE STREAMS ARE DISCHARRED TO RUN TRIBUTARY OR TO CITY SANITARY SEWER SYSTEMS AND THAT PLANT DOES NOT HAVE EFFECTIVE NPDES PERMIT. ORDERED INFORMATION RE: WASTEWATER STREAMS PROVISIONS, TESTING, LENGTH OF DIS- CHARGE, TREATMENT. TERMINAL SUPPORT DOCUMENT SUBMITTED 8/29/86, REVISED 9/3/86. REFERRAL ANTICIPATED 9/15/86. I. SYNOPSIS OF THE CASE THIS CASE IS REFERRED FOR THE PURPOSE OF SEEKING THE IMPO- SITION OF A SUITABLE CIVIL PENALTY AND INJUNCTIVE RELIEF FOR THE UNPERMITTED DISCHARGE OF POLLUTANTS TO NAVIGABLE WATERS OF THE U.S. IN VIOLATION OF THE CWA ( THE ACT ). THE DEFENDANT, SHARON STEEL CORPORATION ( SHARON STEEL OR THE CORPORATION ), IS A CORPORATION ENGAGED IN THE PRODUC- TION OF STEEL AND RELATED SPECIALTY STEEL PRODUCTS. THE COR PORATION'S BRAINDARD STRAPPING DIV. OPERATES A PLANT ( PLANT OR FACILITY ) LOCATED IN WARREN, TRUMBULL COUNTY, OHIO. SHARON STEEL ADMITS IN ITS SECTION 308 RESPONSE THAT IT HAS NEVER HAD ANY CONTROL MECHANISMS IN OPERATION AT THE WARREN PLANT. THUS, THE PLANT HAS BEEN DISCHARGING UNTREATED POLLU TANTS TO THE RED RUN, A TRIBUTARY OF THE MAHONING RIVER, WIT HOUT A VALID PERMIT, SINCE AT LEAST APRIL 16, 1973. EFFEC- TIVE ON THAT DATE, SHARON STEEL WAS REQUIRED TO OBTAIN A PER MIT PURSUANT TO THE NATL POLLUTANT DISCHARGE ELIMINATION SYS TEM (NPDES). (ATTACHMENTS E AND L.) THE RELIEF SOUGHT FROM SHARON STEEL INCLUDES A CIVIL PENAL TY RANGING FROM THE MINIMUM ACCEPTABLE PENALTY OF ONE HUND- RED THOUSAND DOLLARS ($100,000), TO THE STATUTORY MAXIMUM OF EIGHTEEN MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($18,250 000). (ATTACHMENT G.) THE MINIMUM PENALTY AMOUNT REFLECTS 1) THE ECONOMIC BENEFIT OF FAILING TO OBTAIN AN NPDES PERMIT SINCE APRIL 16, 1973; 2) THE GRAVITY OF THE VIOLATION; AND 3) THE FINANCIAL STATUS OF THE COMPANY; AND 4) LITIGATION CONSIDERATIONS. FURTHER, AN INJUNCTION IS SOUGHT TO ENSURE THAT THE REQUIRED APPLICATIONS ARE SUBMITTED AND COMPLIANCE WITH ALL APPLICABLE STANDARDS AND REGULATIONS IS ACHIEVED AS EXPEDITIOUSLY AS POSSIBLE.

Defendants (1)

• SHARON STEEL CORP.Named in complaintNamed in settlement

Facilities (1)

• SHARON STEEL CORPORATION BRAINARD STRAPPING DIVISION

  2252 LARCHMONT AVENUE NORTH EAST, WARREN, OH, 44483

  Registry ID: 110002111777

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 308 — Information Request, Records, Entry

Enforcement conclusions (1)

• SHARON STEEL/BRAINARD ACQUISTIentered 1990-05-18

  Primary law: CWA

  Federal penalty: $175,000

Timeline (8 milestones)

• 1986-06-02Enforcement Action Data Entered
• 1986-09-30Referred To Headquarters
• 1986-09-30Referred To Dept Of Justice
• 1987-03-30Complaint Filed With Court
• 1990-05-18Final Order Lodged
• 1990-05-18Final Order Entered
• 1990-05-18Concluded
• 1990-05-18Enforcement Action Closed