EPA v. UNION TANK CAR

Case summary

THE LITIGATION REPORT FOR THE FILING OF A CIVIL ACTION FOR PENALTIES ON VIOLATIONS BY UNION TANK CAR (UTC) OF THE CLEAN WATER ACT. THE UTC FACILITY IN EAST CHICAGO, INDIANA IS VIOLATING ITS CLEAN WATER ACT (CWA) INDUSTRIES USER PERMIT FOR WASTEWATER DISCHARGES TO THEEAST CHICAGO TREAATMENT WORKS. THIS ACTION WOULD BE PART OF THE AGENCY'S NORTHWEST INDIANA GEOGRAPHIC ENFORCEMENT INITIATIVE AND GREAT LAKE WATER QUALTITY INITIATIVE. UNION TANK CAR (UTC) COMPANY FABRICATES, MODIFIES AND REPAIRS RAILROAD TANK CARS AT ITS EAST CHICAGO, INDIANA FACILITY (FACILITY). ITS OPERATIONS PRODUCE SEVERAL WASTEWATER STREAMS, WHICH IT DISCHARGES BY PERMITS THROUGH THREE OUTFALLS INTO THE SEWERS OF EAST CHICAGO. ON JULY 30, 1991, A RECONNAISSANCE INDUSTRIAL USER INSPECTION WAS MADE AT THE FACILITY BY U.S. EPA. THE AGENCY FOUND A SIGNIFICANT NUMBER OF ANALYTICAL RESULTS OF EFFLUENT SAMPLES EXCEEDED THE POLLUTANT SPECIFIC LIMITATIONS IN THE UTC PERMITS. SECTION 307(D) OF THE CLEAN WATER ACT (CWA), 33 U. S.C. SECTION 1317(D), MAKES IT UNLAWFUL FOR THE OWNER OR OPERATOR OF ANY FACILITY DISCHARGING POLLUTANTS INTO THE WATERS OF THE UNITED STATES TO OPERATE THAT SOURCE IN VIOLATION OF ANY EFFLUENT STANDARD, PROHIBITION, OR PRETREATMENT STANDARD PROMULGATED PURSUANT TO CWA SECTION 307. THE CITY OF EAST CHICAGO HAS ENACTED AN ORDINANCE AUTHORIZING THE ISSUANCE OF PERMITS TO INDUSTRIAL USERS PRESCRIBING THE MAXIMUM CONCENTRATION OF THE ABOVE POLLUTANTS THEY CAN DISCHARGE. UTC HAS VIOLATED ITS CWA INDUSTRIAL WASTEWATER DISCHARGE PERMITS NO. 341, 342, & 343 (PERMITS) ISSUED UNDER THE EAST CHICAGO INDUSTRIAL WASTEWATER DISCHARGE RESOLUTION S90-01, ORDINANCE NO. 3512 (ORDINANCE). UTC, BY ITS OWN ADMISSIONS AND RECORDS AND BY EAST CHICAGO SANITARY DISTRICTS'S (ECSD) INDEPENDENT SAMPLING, DISCHARGED REGULARLY AND SUBSTANTIALLY IN EXCESS OF ITS TOTAL PHOSPORUS, FAT, OIL AND GREASE (FOG), COPPER, MERCURY, IRON, AND SILVER LIMITS. THE COMPLAINT SEEKS $582,000 IN CIVIL PENALTY FROM UTC. AN ADMINISTRATIVE ORDER WAS ISSUED TO UTC SETTING FORTH A COMPLIANCE SCHEDULE FOR THEIR PERMIT LIMITS. UTC HAS INDICATED IT WILL COMPLY WITH THE ADMINISTRATIVE ORDER. THERE ARE NO ISSUES OF NATIONAL OR PRECEDENTIAL IMPORTANCE. NOTICE HAS NOT YET BEEN GIVEN TO UTC REGARDING THE PENALTY SOUGHT FOR THE CWA VIOLATIONS. BECAUSE NEGOTIATIONS ARE ONGOING WITH REGARD TO CAA, TSCA, AND EPCRA ADMINISTRATIVE COMPLAINTS, THE TIMING OF THE NOTICE NEEDS TO BE COORDINATED WITH THESE ACTIONS. IT IS ANTICIPATED THAT UTC WILL BE INTERESTED IN RESOLVING THE PENALTY BEFORE THE FILING OF A COMPLAINT. ALTERNATIVE DISPUTE RESOLUTION WAS EVALUATED AND NOT NECESSARY OR APPROPRIATE AT THIS TIME.

Defendants (1)

• UNION TANK CARNamed in complaintNamed in settlement

Facilities (1)

• UNION TANK CAR COMPANY PLANT 1

  300 W. 151ST ST., EAST CHICAGO, IN, 46312

  Registry ID: 110000397847

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• UNION TANK CARentered 1995-12-07

  Primary law: CWA

  Federal penalty: $200,000

Timeline (7 milestones)

• 1990-04-01Enforcement Action Data Entered
• 1993-06-30Referred To Dept Of Justice
• 1994-08-09Complaint Filed With Court
• 1995-12-07Final Order Lodged
• 1995-12-07Final Order Entered
• 1995-12-07Concluded
• 1996-12-07Enforcement Action Closed