EPA v. GM CPC PONTIAC FIERO ASSEMBLY PLANT

Case summary

GM DISCHARGED ZINC, COPPER, AND LEAD IN AMOUNTS THAT EXCEEDED ITS NPDES PERMIT EFFLUENT LIMITATIONS DURING THE PERIOD FROM MAY 1989 THROUGH MAY 1992. ON MARCH 1, 1993, EPA FILED, AND SUBSEQUENTLY AMENDED, AN ADMINISTRATIVE COMPLAINT AGAINST GENERAL MOTORS, ALLEGING THAT GM VIOLATED SECTION 301(A) OF THE CWA BY FAILING TO COMPLY, ON 92 OCCASIONS, WITH DISCHARGE LIMITS FOR COPPER, LEAD AND ZINC, AS SET FORTH IN A 1988 NPDES PERMIT FOR GM'S PONTIAC FIERO ASSEMBLY FACILITY IN DETROIT. THE COMPLAINT SOUGHT A $125,000 PENALTY FOR THE VIOLATIONS. GM ARGUED THAT THE METALS IN QUESTION WERE NOT POLLUTANTS UNDER THE CIRCUMSTANCES OF THE CASE, THAT IT WAS NOT POLLUTANTS UNDER THE CIRCUMSTANCES OF THE RECEIVING WATERS BECAUSE THE METALS ALLEGEDLY WERE CONTAINED IN RAINFALL AND HAD LEACHED FROM THE METAL ROOF AND GUTTERS OF GM'S BUILDING, AND THAT THE NPDES PERMIT WAS INVALID. ON JUNE 28, 1996, ALJ HOYA ISSUED A DECISION FINDING GENERAL MOTORS LIABLE FOR ALL 92 VIOLTIONS ALLEGED. IN THE NOVEMBER 4, 1996 DECISION ON PENALTY, THE ALJ REDUCED EPA'S REQUEST FOR THE STATUTORY MAXIMUM ADMINISTRATIVE PENALTY OF $125,000 TO A PENALTY IN THE AMOUNT OF $62,500. THE ALJ CITED THE STATUTORY PENALTY FACTORS, RELIED ON THE NUMBER AND NATURE OF THE DISCHARGE VIOLATIONS, AND NOTED THE NEED TO PROTECT THE INTEGRITY OF THE NPDES PROGRAM BY IMPOSING SUBSTANTIAL PENALTIES FOR PERMIT VIOLATIONS. IN HIS PREVIOUS DECISION ON LIABILITY, THE ALJ REFUSED TO CONSIDER, IN THE CONTEXT OF THIS ENFORCEMENT ACTION, GM'S ATTEMPTS TO CHALLENGE THE VALIDITY, TERMS AND CONDITIONS OF THE NPDES PERMIT IN QUESTION. IN REJECTING GM'S PLEA FOR $0 PENALTY IN THE INSTANT DECISION, THE ALJ AGAIN REFUSED TO ALLOW GM TO CHALLENGE THE PERMIT FOR PURPOSES OF PENALTY MITIGATION. THE ALJ BASED HIS REDUCTION OF THE MAXIMUM PENALTY ON THE STATUTORY FACTOR OF SUCH OTHER MATTERS AS JUSTICE MAY REQUIRE, CITING WHAT HE BELIEVED TO BE THE UNUSUAL CIRCUMSTANCES OF THIS PARTICULAR GM FACILITY BEING REGULATED AND PROSECUTED FOR STORMWATER DISCHARGES.

Defendants (1)

• GENERAL MOTORS CORPORATIONNamed in complaintNamed in settlement

Facilities (3)

• GENERAL MOTORS LLC

  220 EAST COLUMBIA AVENUE, PONTIAC, MI, 48340

  Registry ID: 110042030245

• GENERAL MOTORS LLC

  220 EAST COLUMBIA AVENUE, PONTIAC, MI, 48340

  Registry ID: 110042030245

• GENERAL MOTORS LLC

  220 EAST COLUMBIA AVENUE, PONTIAC, MI, 48340

  Registry ID: 110042030245

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• GM CPC PONTIAC FIERO ASSEentered 1999-04-29

  Primary law: CWA

  Federal penalty: $62,500

Timeline (6 milestones)

• 1993-03-01Complaint Filed/Proposed Order
• 1993-05-13Enforcement Action Data Entered
• 1996-10-04Administrative Hearing
• 1996-11-04Admin Law Judge Decision
• 1999-04-29Final Order Issued
• 1999-04-29Enforcement Action Closed