EPA v. G. HEILEMAN CO. - STAG BREWERY

Case summary

DATE VIOLATION DETERMINED: 05/08/88. DATE DOCUMENTS WERE RECIEVED IN ORC 07/12/88. STATUTORY AND REGULATORY BASIS FOR ACTION: 33 USC SS1317D AND 1319B, D; AND 28 USC SS1345 AND 1355. DEFENDANT: G. HEILEMAN BREWING CO. INC. LACROSSE, WISCONSIN 54601 VIOLATIONS: 33 USC S1317D: INTRODUCING POLLUTANTS INTO A POTW WHICH CAUSE PASS THROUGH OR INTERFERENCE AT THE POTW. PROPOSED RELIEF: A DISTRICT COURT ORDER REQUIRING THAT HEILEMAN BE ENJOINED FROM DISCHARGING WASTEWATER INTO THE BELLEVILLE WASTE WATER TREATMENT PLANT NO. 1, WITHOUT INSTALLING PRETREATMENT EQUIP MENT; THAT HEILEMAN BE ENJOINED FROM SELLING ITS BELLEVILLE FACILITY WITHOUT PRIOR NOTICE TO USEPA, AND NOTICE TO THE PROSPECTIVE BUYER OF THIS ACTION AND THE CONTEMPLATED ORDER; AND THAT HEILEMAN BE ASSESSED A CIVIL PENALTY RANGING FROM THE STATUTORY MAXIMUM OF $37,850,000, TO A BOTTOM LINE SET- TLEMENT PENALTY OF $300,000. RECENT CONTACT WITH DEFENDANT: JULY 28, 1988, CONFERENCE BETWEEN REPRESENTATIVES OF HEILE MAN AND USEPA REGION V, DISCUSSING VIOLATIONS BY HEILEMAN, AND ITS CONTRIBUTION TO VIOLATIONS BY THE CITY OF BELLEVILLE OF IT NPDES PERMIT. PRECEDENTIAL LEGAL ISSUES: NONE. DATE OF RECEIPT OF EVIDENCE OF VIOLATIONS THAT LED TO DE CISION TO INTIATE ENFORCEMENT PROCEEDINGS: MAY 8, 1988. DATE THAT TECHNICAL SUPPORT DOCUMENTS FROM PROGRAM REACH- ED THE REGIONAL COUNSEL'S OFFICE. JULY 12, 1988. SIGNIFICANT ASPECTS OF THIS CASE: HEILEMAN HAS VIOLATED APPLICABLE FEDERAL REGULATIONS BY CAUSING PASS THROUGH AND INTERFERENCE AT THE CITY OF BELLE- VILLE WASTE WATER TREATMENT PLANT #1. IT HAS DISCHARGED CON TAMINANTS CAUSING INCREASED BIOLOGICAL OXYGEN DEMAN, SUSPEND ED SOLIDS AND AMMONIA INTO THE PLANT AT LEVELS WHICH THE PLT IS UNABLE TO PROPERLY TREAT, THEREBY CAUSING THE PLANT TO DISCHARGE CONTAMINANTS CAUSING INCREASED BIOCHEMICAL OXYGEN DEMAND, SUSPENDED SOLIDS AND AMMONIA, IN VIOLATION OF ITS NPDES PERMIT.

Defendants (1)

• G. HEILEMAN COMPANYNamed in complaintNamed in settlement

Facilities (1)

• CARLING BREWING

  1201 WEST E STREET, BELLEVILLE, IL, 62221

  Registry ID: 110001686435

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• G. HEILEMAN COMPANYentered 1990-09-07

  Primary law: CWA

  Federal penalty: $325,000

Timeline (7 milestones)

• 1988-06-20Enforcement Action Data Entered
• 1988-09-23Referred To Dept Of Justice
• 1989-02-09Complaint Filed With Court
• 1990-09-07Final Order Lodged
• 1990-09-07Final Order Entered
• 1990-09-07Concluded
• 1990-10-24Enforcement Action Closed