EPA v. DANA CORP.

Case summary

THIS CASE IS REFERRED TO THE DEPT. OF JUSTICE FOR FILING A CIVIL ACTION SEEKING A SUITABLE CIVIL PENALTY AGAINST DANA CORP., ENGINE PRODUCTS DIV. ( DANA ), FOR VIOLATION OF CER- TAIN EFFLUENT LIMITATIONS CONTAINED IN ITS NPDES PERMIT, IS- SUED TO DANA PURSUANT TO THE CWA, 33 USC SS1251, ET SEQ. DANA OWNS AND OPERATES A MANUFACTURING FACILITY IN HAGERS- TOWN, IN. AT THIS FACILITY, DANA MANUFACTURES CASE IRON, DUCTILE IRON, AND STEEL PISTON RINGS FOR INTERNAL COMBUSTION ENGINES. DANA ALSO OWNS AND OPERATES AN INDUSTRIAL WASTE- WATER TREATMENT PLANT ON THE FACILITY SITE, THAT DISCHARGES TREATED WASTEWATER AND POLLUTANTS TO THE WEST FORK OF WHITE- WATER RIVER, A NAVIGABLE WATER, PURSUANT TO AN NPDES PERMIT. THE PLANT IS LOCATED AT 551 S. WASHINGTON ST., HAGERSTOWN, IN. ON APRIL 29, 1982, THE INDIANA STREAM POLLUTION CONTROL BOARD ISSUED NPDES PERMIT NO. IN 0001929 TO DANA. ISCPB MODIFIED THE PERMIT ON OCTOBER 15, 1984. ON JUNE 17, 1987, THE INDIANA DEPT. OF ENVIRONMENTAL MGMT. ( IDEM ), THE SUC- CESSOR AGENCY TO ISPCB, REISSUED NPDES PERMIT NO. IN 0001928 TO DANA. THE 1987 PERMIT CONTAINED THE INTERIM EFFLUENT LI- MITATION OF 0.4 MIL PER LITER DAILY MAXIMUM FOR HEXAVALENT CHROMIUM. THE INTERIM LIMIT REMAINED IN EFFECT UNTIL OCTO- BER 9, 1987, WHILE DANA WAS CONSTRUCTING A CLOSED LOOP SYS- TEM, INCLUDING TWO COOLING TOWERS, TO COMPLY WITH THE FINAL EFFLUENT LIMITATIONS FOR HEXAVALENT CHROMIUM. BEGINNING ON OCTOBER 9, 1987, DANA'S NPDES PERMIT REQUIRED THAT DANA MEET THE STRICTER FINAL EFFLUENT LIMITATIONS FOR HEXAVALENT CHRO- MIUM CONTAINTED THEREIN. ON JULY 7, 1988, PURSUANT TO SECTS 308 AND 309A OF THE ACT 33 USC SS 1318A, USEPA ISSUED AN ADMINISTRATIVE ORDER TO DANA. THE ADMINISTRATIVE ORDER ISSUED BY USEPA REQUIRED DANA TO ACHIEVE AND MAINTAIN COMPLIANCE WITH THE FINAL EFFLU ENT LIMITATION FOR HEXAVALENT CHROMIUM WITHIN SIXTY DAYS OF RECEIPT OF THE ORDER. WHEN DANA WAS UNABLE TO TO ACHIEVE AND MAINTAIN COMPLIANCE, DANA APPLIED FOR A CONSTRUCTION PER MIT FROM IDEM TO CONSTRUCT A CHROME REDUCTION SYSTEM AND ACH IEVE AND MAINTAIN COMPLIANCE BY NOVEMBER 30, 1988. THE COMN PLIANCE SCHEDULE CONTAINED IN THE ADMINISTRATIVE ORDER WAS AMENDED TO REFLECT THE ISSUANCE OF THE CONSTRUCTION PERMIT. NEVERTHELESS, DANA CONTINUED TO VIOLATE, ALBEIT WITH LESS FREQUENCY, THE FINAL EFFLUENT LIMITATIONS FOR HEXAVALENT CHR OMIUM AD TOTAL CHROMIUM AFTER NOVEMBER 30, 1988. ON JANUARY 11, 1990, IDEM ISSUED AN AMENDED NPDES PERMIT TO DANA, THAT CONTAINS STRICTER FINAL EFFLUENT LOADING LIMITATIONS AND MORE LENIENT FINAL EFFLUENT CONCENTRATION LIMITATIONS FOR HEXAVALENT CHROMIUM AND TOTAL CHROMIUM. HEXAVALENT CHROMIUM AND TOTAL CHORMIUM ARE TOXIC HEAVY METALS. DANA HAS SUBMIT- TED DISCHARGE MONITORING REPORTS DETAILING 1324 EFFLUENT EX- CEEDANCES FOR THESE PARAMETERS FROM OCTOBER 9, 1987 THROUGH JUNE 1990. UNDER THE ACT, 33 USC SS 1251, ET SEQ., DANA FACES A MAXIMUM POTENTIAL CIVIL PENALTY IN EXCESS OF $33 MIL LION. REGION V RECOMMENDS A BOTTOMLINE PENALTY SETTLEMENT FIGURE OF $110,000. THIS RECOMMENDED BOTTOMLINE PENALTY IS BASED ON THE CALCULATED ECONOMIC BENEFIT OF $99,600, WHICH DANA HAS GAINED FROM ITS NONCOMPLIANCE W/ ITS NPDES PERMIT.

Defendants (1)

• DANA CORP.Named in complaintNamed in settlement

Facilities (2)

• DANA CORP PERFECT CIRCLE PRODUCTS

  551 S WASHINGTON ST, HAGERSTOWN, IN, 473460000

  Registry ID: 110000792624

• DANA CORP PERFECT CIRCLE PRODUCTS

  551 S WASHINGTON ST, HAGERSTOWN, IN, 473460000

  Registry ID: 110000792624

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DANA CORPORATIONentered 1992-03-04

  Primary law: CWA

  Federal penalty: $750,000

Timeline (7 milestones)

• 1989-12-01Enforcement Action Data Entered
• 1990-09-28Referred To Dept Of Justice
• 1991-02-27Complaint Filed With Court
• 1992-03-04Final Order Lodged
• 1992-03-04Final Order Entered
• 1992-03-04Concluded
• 1994-05-10Enforcement Action Closed