EPA v. CERRO COPPER PRODUCTS CO.

Case summary

CERRO COPPER PRODUCTS CO. ( CERRO ) OF EAST ST. LOUIS, IL, OPERATES A COPPER PROCESSING FACILITY IN SAUGET, IL. THE FACILITY DISCHARGES APPROXIMATELY ONE MILLION GALLONS OF WASTEWATER PER DAY TO THE SAUGET PHYSICAL/CHEMICAL PLANT ( P/C PLANT ), A PUBLICLY OWNED TREATMENT WORKS ( POTW ). SECTION 307 OF THE CLEAN WATER ACT ( CWA ), 42 USC S1317, IS DESIGNED TO PREVENT INDIRECT DISCHARGES, SUCH AS CERRO, FROM DISCHARGING TOXIC POLLUTANTS INTO A POTW IF SUCH POLLU- TANTS WILL EITHER INTERFERE WITH THE PROPER FUNCTIONING OF, OR PASS THROUGH, THE POTW. PURSUANT TO SECT 307 OF THE CWA, THE ADMINISTRATOR PROMULGATED THE GENERAL PRETREATMENT REGU- LATIONS WHICH, INTER ALIA, IMPOSE REPORTING REQUIREMENTS ON SUBJECT FACILITIES. THE ADMINISTRATOR ALSO PROMULGATED THE NAT'L CATEGORICAL PRETREATMENT STANDARDS ( NCPSS ), WHICH SET EFFLUENT LIMITATIONS FOR CATEGORIES OF INDUSTRIES WHICH DISCHARGE INTO A POTW. CERRO HAS VIOLATED BOTH SETS OF REGULATIONS, AS WELL AS AN ADMINISTRATIVE ORDER WHICH REQUIRED COMPLIANCE WITH THE GENE RAL PRETREATMENT REGULATIONS. FIRST, CERRO FAILED TO PRO- VIDE THE USEPA WITH TIMELY AND COMPLETE INFORMATION, AS RE- QUIRED BY THE GENERAL PRETREATMENT REGULATIONS; MOST NOTABLY CERRO HAS NOT, YET, SUBMITTED A COMPLIANCE SCHEDULE. IN ADDITION, CERRO HAS VIOLATED AN ADMINISTRATIVE ORDER WHICH REQUIRED CERRO TO SUBMIT THE INFORMATION REQUIRED BY THE GE- NERAL PRETREATMENT REGULATIONS. FINALLY, CERRO HAS BEEN DIS CHARGING EFFLUENT TO THE P/C PLANT IN CONCENTRATIONS WHICH GREATLY EXCEED THAT ALLOWED BY THE TWO APPLICABLE NCPSS. SECTION 309 OF THE CWA PROVIDED THAT THE ADMINISTRATOR MAY COMMENCE A CIVIL ACTION SEEKING PENALTIES AND INJUNCTIVE RE- LIEF WHENEVER THE ADMINISTRATOR DETERMINES THAT SECTION 307 HAS BEEN VIOLATED. PURSUANT TO SECTIONS 307 AND 309, THE USEPA SEEKS TO COMPEL CERRO TO 1) CONSTRUCT A PRETREATMENT FACILITY WHICH WILL ENSURE COMPLIANCE WITH ALL APPLICABLE NCPSS, 2) SUBMIT ALL NECESSARY INFORMATION, AND 3) PAY A CIVIL PENALTY OF AT LEAST $2.4 MIL FOR THE ABOVE-MENTIONED VIOLATIONS.

Defendants (1)

• CERRO COPPER PRODUCTS CO.Named in complaintNamed in settlement

Facilities (2)

• CERRO COPPER PRODUCTS COMPANY

  3000 MISSISSIPPI AVE., SAUGET, IL, 62201

  Registry ID: 110018344184

• CERRO COPPER PRODUCTS COMPANY

  3000 MISSISSIPPI AVE., SAUGET, IL, 62201

  Registry ID: 110018344184

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• CERRO COPPER PRODUCTSentered 1990-12-20

  Primary law: CWA

  Federal penalty: $1,400,000

Timeline (7 milestones)

• 1987-09-24Referred To Headquarters
• 1987-12-01Referred To Dept Of Justice
• 1989-03-17Complaint Filed With Court
• 1990-12-20Final Order Lodged
• 1990-12-20Final Order Entered
• 1990-12-20Concluded
• 1993-08-02Enforcement Action Closed