EPA v. GLIDDEN COMPANY

Case summary

I. CASE SYNOPSIS THE GLIDDEN COMPANY ( GLIDDEN ) LOCATED IN HURON, OHIO OWNS AND OPERATES A MANUFACTURING FACILITY. AS EXPLAINED IN GREATER DETAIL IN SECTION III.A. BELOW, GLIDDEN MANUFACTURES OIL AND LATEX WATER-BASED PAINTS, RESINS, CAN COATINGS, AND POWDER NAVIGABLE WATER OF THE UNITED STATES. SINCE DECEMBER 1988, GLIDDEN HAS BEEN VIOLATING CERTAIN FINAL EFFLUENT LIMITATIONS ( FELS ), TERMS AND CONDITIONS CONTAINED IN ITES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES ) PERMIT NO OH0000621 ( PERMIT ). SEE ATTACHMENT 4. THESE VIOLATIONS ARE SUPPORTED BY THE FOLLOWING DOCUMENTATION: THE TABLE OF VIOLATIONS PREPARED BY GLIDDEN, LETTERS FROM GLIDDEN TO OHIO ENVIRONMENTAL PROTECTION AGENCY ( OEPA ) , OEPA NOTICES OF VIOLATIONS ( NOVS ), AND U.S. EPA'S PERMIT COMPLIANCE SYSTEM ( PCS ) DOCUMENT VIOLATIONS OF FELS FOR OIL AND GREASE ( O&G ) ; PH; TOTAL ZINC ( ZN-T ); TOTAL SUSPENDED SOLIDS ( TSS ) ; TOTAL COPPER ( CU-T ); CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND - FIVE DAY ( CBOD5 ) ; BIOCHEMICAL OXYGEM DEMAND - FIVE DAY ( BOD5 ); TOTAL RESIDUAL CHLORINE ( TRC ) ; AND FECAL COLIFORM ( FEC. COL. ). ATTACHMENT 1, 8 AND 9. AS A RESULT OF THE ABOVE VIOLATIONSL U.S. WPA ISSUED AN ADMINISTRATIVE ORDER ( AO TO GLIDDEN ON MAY R, 1993 REQUIRING THE FACILITY TO COMPLY WITH ITS PERMIT BY JULY 9, 1993. IN THE RESPONSE TO THE AO, GLIDDEN ADMITTED TO THE USE OF COOLING WATER ADDITIVES WITHOUT APPROVAL FROM OEPA, THE INCORRECT ANALYSIS OF TRC SAMPLES, OCCASIONAL FOAM IN THE EFFLUENT AT OUTFALL 001, AN INACCURATE RESPONSE TO A QUESTION IN THE PERMIT APPLICATION, AND POSSIBLE DISCHARGES OF PROCESS WASTEWATER POLLUTANTS IN VIOLATION OF THE PAINT FORMULATION REGULATIONS FOUND AT 40 C.F. R. PART 446. U.S. EPA DETERMINED THAT THE USE OF THE ADDITIVES WITHOUT OWPA APPROVAL AND DTHE INCORRECT ANALYSIS OF TRC ARE VIOLATIONS OF GLIDDEN'S NPDES PERMIT. U.S. EPA REQUIRES FURTHER INVESTIGATION TO DETERMINE EXTENT OF POSSIBLE VIOLATIONS RELATING FOAM AT OUTFALL 001, INACCURATE PERMIT APPLICATION AND DISCHARGE OF PROCESS WASTEWATER POLLUTANTS. SEE SECTION IV(A)(2) BELOW. IN ITS RESPONSE TO THE AO, GLIDDEN ALSO DESCRIBED THE MEASURES IT IMPLEMENTED TO ACHIEVE CONSISTENT COMPLIANCE WITH ITS NPDES PERMIT BY JULY 9, 1993, AS REQUIRED BY THE AO. ADDITIONALLY, GLIDDEN EXPLAINED ITS LONG-TERM PLAN IS TO DISCHARGE THE BULK OF ITS WASTEWATER TO THE HURON WASTEWATER TREATMENT PLANT ( WWTP ) BY SEPTEMBER OF 1994 BY THE LATEST. ALTHOUGH GLIDDEN HAS TAKEN MEASURES TO ACHIEVE COMPLIANCE, IT APPEARS AS THOUGH THESE MEASURES ARE NOT ADEQUATE. GLIDDEN REPORTED FOUR PH EXCEEDANCES IN AUGUST, 1993, IN VIOLATION OF ITS NPDES PERMIT AND THE AO. SEE ATTACHMENT 1 AND 3. MOREOVER, AS OF THE DATE OF THIS REFERRAL, GLIDDEN HAS NOT GIVEN THE REGION ABSOLUTE ASSURANCES THAT HOOKUP WILL BE COMPLETED. U.S. EPA, REGION 5, RECOMMENDS THE FILING OF A CIVIL ACTION AGAINST GLIDDEN, SEEKING THE IMPOSITION OF A SUITABLE CIVIL PENALTY FOR THE INTRODUCTION OF POLLUTANTS INTO THE HURON RIVER, A GREAT LAKES TRIBUTARY, IN EXCESS OF ITS NPDES PERMIT, USE OF ADDITIVES WITHOUT OEPA APPROVAL, INCORRECT ANALYSIS OF TRC AND VIOLATIONS OF THE AO, ALL OF WHICH ARE VIOLATIONS OF THE CLEAN WATER ACT. THE PERIOD OF NONCOMPLIANCE COVERED BY THIS ACTION IS DECEMBER, 1988, THROUGH AUGUST, 1993. IN ADDITION, REGION 5, RECOMMENDS THAT PREFILING NEGOTIATIONS BE UNDERTAKEN TO SETTLE THIS CASE. GLIDDEN'S VIOLATINS OF ITS EFFLUENT LIMITATIONS AND OTHER REQUIREMENTS ESTABLISHED IN ITS PERMIT CONSTITUTE A VIOLATION OF SECTION 301 OF THE CLEAN WATER ACT ( CWA OR THE ACT ), 33 U.S. C. SECTION 1311

Defendants (2)

• GLIDDEN COMPANYNamed in complaintNamed in settlement
• SMITH CORONA MACHINES CORP.Named in settlement

Facilities (2)

• AKZO NOBEL FKA GLIDDEN COMPANY

  300 SPROWL RD., HURON, OH, 44839

  Registry ID: 110000391656

• AKZO NOBEL FKA GLIDDEN COMPANY

  300 SPROWL RD., HURON, OH, 44839

  Registry ID: 110000391656

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit
• CWA 402 — Clean Water Act

Enforcement conclusions (1)

• GLIDDEN COMPANYentered 1998-01-21

  Primary law: CWA

  Federal penalty: $1,555,000

Timeline (6 milestones)

• 1993-07-20Enforcement Action Data Entered
• 1993-09-27Referred To Dept Of Justice
• 1996-03-29Complaint Filed With Court
• 1997-11-17Final Order Lodged
• 1998-01-21Final Order Entered
• 1998-01-21Concluded