EPA v. ENZYME BIO-SYSTEMS LTD.

Case summary

THIS CLEAN WATER ACT ( CWA OR ACT ) REFERRAL IS BASED ON VIOLATIONS BY ENZYME BIO-SYSTEMS LTD. ( EB ) OF PRETREATMENT STANDARDS SET FORTH IN ITS INDUSTRIAL DISCHARGE PERMIT, ISSUED BY THE CITY OF BELOIT, WI. UNDER THE TERMS OF 40 C.F.R. SEC. 403.5(D), THESE PERMIT LIMITS CONSTITUTE PRE- TREATMENT STANDARDS FOR THE PURPOSES OF SECTION 307(D) OF THE CLEAN WATER ACT, 33 U.S.C. SEC. 1317(D). CONSEQUENTLY, EB'S VIOLATIONS OF ITS INDUSTRIAL DISCHARGE PERMIT ARE VIOLATIONS OF SECTION 307 OF THE CLEAN WATER ACT. ON NUMEROU S OCCASIONS BETWEEN NOVEMBER, 1994, AND APRIL, 1997, EB EXCEEDED ITS PERMIT LIMITS FOR BIOLOGICAL OXYGEN DEMAND ( BOD ) AND TOTAL SUSPENDED SOLIDS ( TSS ). LIMITS ON THESE TYPES OF POLLUTANT PARAMETERS ARE SET IN ORDER TO PREVENT INTERFERENCE WITH THE OPERATIONS OF PUBLICLY OWNED TREATMENT WORKS (POTWS) AND THE PASS THROUGH OF POLLUTANTS INTO THE WATERS OF THE UNITED STATES. WHILE EPA HAS NO EVIDENCE THAT EB'S EXCEEDANCES OF PRETREATMENT LIMITS HAVE CAUSED INTER- FERENCE OR PASS THROUGH AT THE BELOIT POTW TO DATE, NEVER- THELESS, CONTINUED VIOLATIONS HAVE THE POTENTIAL TO CAUSE A BREAKDOWN IN THE BELOIT POTW'S NORMAL OPERATIONS AND A DISCHARGE OF POLLUTANTS INTO THE ROCK RIVER. EPA ISSUED FINDINGS OF VIOLATIONS AND AN ORDER FOR COMPLIANCE TO EB ON FEBRUARY 6, 1997. IN RESPONSE TO THE ORDER, EB HAS TAKEN STEPS WHICH EPA BELIEVES SHOULD PREVENT FURTHER VIOLATIONS OF PRETREATMENT LIMITS. CONSEQUENTLY, EPA IS NOT SEEKING INJUNCTIVE RELIEF AT THIS TIME, BUT IS SEEKING A PENALTY ONLY. EPA BELIEVES A SUBSTANTIAL PENALTY IS JUSTIFIED IN THIS CASE BECAUSE OF THE POTENTIAL HARM TO THE BELOIT POTW THAT CONTINUAL VIOLATIONS PRESENT, AND BECAUSE, IN FAILING TO INSTALL SUFFICIENT CONTROL EQUIPMENT UNTIL TWO YEARS AFTER PRETREATMENT EXCEEDANCES BEGAN, EB REALIZED A SIGNIFI- CANT ECONOMIC BENEFIT.

Defendants (1)

• ENZYME BIO-SYSTEMS LTD.Named in settlement

Facilities (2)

• GENENCOR INTERNATIONAL INC.

  2600 KENNEDY DR., BELOIT, WI, 535113392

  Registry ID: 110000419529

• ENZYME BIO-SYSTEMS, LTD.(EBS)

  2600 KENNEDY DRIVE, BELOIT, WI, 535113392

  Registry ID: 110064596183

Statutes cited

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

Enforcement conclusions (1)

• ENZYME BIO-SYSTEMS LTD.entered 2000-06-29

  Primary law: CWA

  Federal penalty: $46,100

Timeline (7 milestones)

• 1997-09-29Referred To Dept Of Justice
• 1997-10-08Enforcement Action Data Entered
• 2000-05-11Final Order Lodged
• 2000-05-11Complaint Filed With Court
• 2000-06-29Final Order Entered
• 2009-08-21Enforcement Action Closed
• 2009-08-21NPDES Closed