EPA v. US STEEL-LORAIN (USX)

Case summary

I. SYNOPSIS OF THE CASE USS, DIVISION OF USX CORPORATION (USS) OWNS AND OPER- ATES A FULLY INTEGRATED IRON AND STEELMAKING FACILITY IN LORAIN, OHIO. ON JANUARY 23, 1979, U.S. EPA FILED SUIT A- GAINST USS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO, ALLEGING VIOLATIONS OF THE CLEAN WATER ACT, 33 U.S.C. SECTION 1251 ET SEG., AND NATIONAL POL- LUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES ) PERMIT NO. D32B*BD. THIS CASE WAS RESOLVED BY CONSENT DECREE ON JUNE 27, 1980 (ATTACHMENT A). THIS DECREE CONTAINED AN ENVIRON- MENTALLY BENEFICIAL CREDIT PROJECT CONSISTING OF A DUST SUPPRESSION PROGRAM IN LIEU OF A CIVIL PENALTY. THIS PRO- GRAM, HOWEVER, DID NOT COST AS MUCH AS USS CERTIFIED IT WOULD. INSTEAD OF PAYING TO THE U.S. THE DIFFERENCE IN COST, AS REQUIRED BY THE TERMS OF THE CONSENT DECREE, USS FILED A MOTION REQUESTING THAT THE COURT MODIFY THE DECREE. THE UNITED STATES INITIALLY OPPOSED THE MOTION, BUT LATER THE PARTIES AGREED TO RESOLVE THE MATTER WITH A CIVIL PEN- ALTY (WHICH USS PAID) AND FURTHER AIR POLLUTION CONTROL CREDIT PROJECTS. THESE CREDIT PROJECTS WERE INCORPORATED INTO AN AMENDMENT TO THE ORIGINAL CONSENT DECREE. THIS AMENDED CONSENT DECREE WAS ENTERED ON NOVEMBER 22, 1985 (AT- TACHMENT B). THIS CASE IS A CIVIL CONTEMPT ACTION STEMMING FROM THE VIOLATION OF TWO DIFFERENT CREDIT PROJECT REQUIRE- MENTS FOUND IN THE AMENDED CONSENT DECREE. USS-LORRAIN HAS VIOLATED THE TERMS OF A CWA CONSENT DECREE. IT FAILED TO TIMELY INSTALL TWO AIR POLLUTION CON- TROL CREDIT PROJECTS.

Defendants (1)

• USS - LORAINNamed in complaintNamed in settlement

Facilities (2)

• REPUBLIC TECHNOLOGIES INTERNATIONAL

  1807 EAST 28TH STREET, LORAIN, OH, 44055

  Registry ID: 110000385645

• REPUBLIC TECHNOLOGIES INTERNATIONAL

  1807 EAST 28TH STREET, LORAIN, OH, 44055

  Registry ID: 110000385645

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• US STEEL-LORAIN (USX)entered 1991-01-01

  Primary law: CWA

  Federal penalty: $50,000

Timeline (8 milestones)

• 1987-03-31Enforcement Action Data Entered
• 1987-03-31Referred To Headquarters
• 1987-05-19Referred To Dept Of Justice
• 1987-11-17Complaint Filed With Court
• 1991-01-01Final Order Lodged
• 1991-01-01Final Order Entered
• 1991-01-01Concluded
• 1991-01-01Enforcement Action Closed