EPA v. ELJER MANUFACTURING INC.

Case summary

IN 11/90, OHIO EPA INSPECTION REVEALED DIRECT DISCHARGES FROM ELJER PLANT INTO STONE MILL RUN, A NAVIGABLE WATER. ELJER'S NPDES PERMIT WAS WITHDRAWN IN 1982. ELJER DOES NOT HAVE A PERMIT FOR THESE UNAUTHORIZED DISCHARGES. USEPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER IN 3/91 ORDERING ELJER TO CEASE UNAUTHORIZED DISCHARGES TO STONE MILL RUN. OF 2 UNAUTHORIZED DISCHARGES ELJER HAS CEASED 1 AND PLANS TO CEASE THE OTHER BY 7/92. - THE DEFENDANT'S CONTINUING UNAUTHORIZED DISCHARGE THROUGH 1 OF 2 UNAUTHORIZED OUTFALLS IS IN VIOLATION OF SECTIONS 301 & 309 OF THE ACT, 33 USC SECTIONS 1311 AND 1319. - THIS REFERRAL IS BASED ON INSPECTIONS CONDUCTED BY THE OHIO EPA IN 9/90 AND 11/90AND THE DEFENDANT'S 4/91 RESPONSE TO AN INFORMATION REQUEST. REGION V SEEKS TO ENJOIN THE DEF FROM FURTHER VIOLATION OF THE ACT AND THE IMPOSITION OF CIVIL PENALTIES OF AT LEAST $305,000. IN ADDITION, THE THE REGION RECOMMENDS THAT SEDIMENT REMEDIATION BE REQUIRED AS PART OF A SETTLEMENT AGREEMENT WITH ELJER, AT SUCH TIME AS THE REGION DEVELOPS EVIDENCE THAT ELJER CAUSED OR CON- TRIBUTED TO THE SEDIMENT POLLUTION AT STONE MILL RUN.

Defendants (1)

• ELJER MANUFACTURING, INC.Named in complaintNamed in settlement

Facilities (1)

• ELJER MANUFACTURING

  921 S. ELLSWORTH AVE., SALEM, OH, 444603783

  Registry ID: 110000389758

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ELJER MANUFACTURING, INC.entered 1995-12-08

  Primary law: CWA

  Federal penalty: $300,000

Timeline (7 milestones)

• 1990-12-16Enforcement Action Data Entered
• 1991-09-18Referred To Dept Of Justice
• 1995-11-01Complaint Filed With Court
• 1995-12-08Final Order Lodged
• 1995-12-08Final Order Entered
• 1995-12-08Concluded
• 2004-04-14Enforcement Action Closed