EPA v. ASHLAND ETHANOL, INC.(SOUTHPOINT ETHANOL)

Case summary

SPE OPERATES AN ETHANOL PRODUCTION PLANT IN SOUTH POINT, OHIO. SPE RECEIVED ITS PRESENT PERMIT ON JULY 14, 1983. THIS PERMIT CREATED SPECIFIC EFFLUENT LIMITS FOR SPE'S WASTE DISCHARGES AT OUTFALLS 001 THRU 006. ACCORDING TO SPE'S MONTHLY OPERATING REPORTS FROM JULY 1983 THROUGH SEPTEMBER 1987, SPE VIOLATED THESE LIMITS 924 TIMES. IN PARTICULAR, SPE VIOLATED THE LIMITS ON BOD5, TOTAL SUSPENDED SOLIDS, TOTAL RESIDUAL CHLORINE, PH, AND FECAL COLIFORM, AS WELL AS MONTHLY REPORTING REQUIRMENTS. SPE HAS HAD AMPLE TIME TO COMPLY WITH THESE LIMITS SINCE THEY WERE FIRST MADE AWARE OF THE PERMIT LIMITIATIONS IN 1983, AND HAVE BEEN SUBJECT TO TWO OHIO EPA DIRECTOR'S FINAL FINDINGS AND ORDERS (DFFO'S). THE LITIGATION REPORT RECOMMENDS THE FILING OF A CIVIL ACTION AGAINST SOUTH POINT ETHANOL (SPE) SOUTH POINT, OHIO. SPE HAS, ON A CONTINUING BASIS, VIOLATED THE TERMS OF ITS NPDES PERMIT NUMBER OH0076392. THE U.S. IS SEEKING BOTH INJUNCTIVE RELIEF AND THE ASSESSMENT OF CIVIL PENALTIES.

Defendants (1)

• SOUTHPOINT ETHANOLNamed in complaintNamed in settlement

Facilities (1)

• SOUTH POINT ETHANOL

  COUNTY ROAD 1, SOUTH POINT, OH, 456801004

  Registry ID: 110002444409

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ASHLAND ETHANOL, INC.entered 1990-11-28

  Primary law: CWA

  Federal penalty: $627,000

Timeline (8 milestones)

• 1987-11-25Enforcement Action Data Entered
• 1988-04-04Referred To Headquarters
• 1988-06-06Referred To Dept Of Justice
• 1989-01-09Complaint Filed With Court
• 1990-11-28Final Order Lodged
• 1990-11-28Final Order Entered
• 1990-11-28Concluded
• 1998-12-31Enforcement Action Closed