EPA v. ALCOA, INC., NEWBURGH, INDIANA (WARWICK FACILITY)

Case summary

ALCOA FAILED TO STATE IN ITS MONTHLY DISCHARGE MONITORING REPORTS ( DMRS ) THE CORRECT NUMBER OF TIMES ITS EFFLUENT CONTAINED A POLLUTANT IN EXCESS OF THE EFFLUENT LIMITS OF ITS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT, IN VIOLATION OF ITS PERMIT AND SECTIONS 402 AND 301 OF THE CLEAN WATER ACT, 33 U.S.C.  1342 AND 1311. ALCOA DISCHARGED INTO THE OHIO RIVER EFFLUENT WHICH FAILED TO COMPLY WITH THE EFFLUENT LIMITS OF ITS PERMIT, IN VIOLATION OF ITS PERMIT AND SECTIONS 402 AND 301 OF THE CLEAN WATER ACT, 33 U.S.C.  1342 AND 1311. ALCOA HAS FAILED TO IMPLE- MENT ITS TOXIC REDUCTION PROGRAM TO ELIMINATE OR REDUCE THE TOXICITY IN ITS EFFLUENT, IN VIOLATION OF ITS PERMIT AND SECTIONS 402 AND 301 OF THE CLEAN WATER ACT, 33 U.S.C.  1342 AND 1311. ALCOA FAILED TO OPERATE AND MAINTAIN AS EFFICIENTLY AS POSSIBLE ITS WASTEWATER TREATMENT SYSTEM IN VIOLATION OF ITS PERMIT, THE REGULATION AT 40 C.F.R.  122.4 1(E), AND SECTIONS 402 AND 301 OF THE CLEAN WATER ACT, 33 U.S.C.  1342 AND 1311. ALCOA DISCHARGED ETHYLENE GLYCOL, CHROME SLUDGE, SULFURIC ACID, COAL TAR PITCH, FUEL OIL, WASTE OIL, CHROME-CONTAMINATED WATER, TURBINE OIL, AND OTHER POLLUTANTS INTO THE OHIO RIVER IN VIOLATION OF SECTION 301 OF THE CLEAN WATER ACT, 33 U.S.C.  1311. A MULTIMEDIA INSPECTION WAS CONDUCTED AT ALCOA WARRICK IN APRIL 1997. VIOLATIONS OF THE CLEAN AIR ACT AND CLEAN WATER ACT WERE IDENTIFIED DURING THE INSPECTION. THE CAA VIOLATIONS WERE VIOLATIONS OF INDIANA'S SIP OPACITY LIMIT AT INGOT CASTING COMPLEXES. AN NOV WAS ISSUED IN JULY 1997, AND A REFERRAL TO DEPARTMENT OF JUSTICE WAS MADE IN SEPTEM- BER 1997. RIGHT AFTER THE INSPECTION, ALCOA APPLIED TO IDEM FOR ALTERNATIVE OPACITY LIMITS (AOLS) AT THE VIOLATING SOURCES. THE AOLS WERE APPROVED BY IDEM, EVENTUALLY SUB- MITTED TO U.S. EPA FOR APPROVAL, AND U.S. EPA HAS APPROVED THEM. THEREFORE, THE CASTING COMPLEXES ARE NOW IN COM- PLIANCE WITH THE APPLICABLE OPACITY LIMITS. AS PART OF SETTLEMENT, ALCOA PERFORMED RESEARCH PROJECT INVOLVING A CHANGE IN OPERATION AT THE CASTING COMPLEXES TO REDUCE OPACITY, AND ALCOA IS PERFORMING A WATER SEP.

Defendants (1)

• ALCOA, INC. (WARWICK FACILITY)Named in complaintNamed in settlement

Facilities (6)

• WARRICK NEWCO LLC

  4000 SR 66, NEWBURGH, IN, 47630

  Registry ID: 110070328152

• WARRICK NEWCO LLC

  4000 SR 66, NEWBURGH, IN, 47630

  Registry ID: 110070328152

• WARRICK NEWCO LLC

  4000 SR 66, NEWBURGH, IN, 47630

  Registry ID: 110070328152

• WARRICK NEWCO LLC

  4000 SR 66, NEWBURGH, IN, 47630

  Registry ID: 110070328152

• WARRICK NEWCO LLC

  4000 SR 66, NEWBURGH, IN, 47630

  Registry ID: 110070328152

• WARRICK NEWCO LLC

  4000 SR 66, NEWBURGH, IN, 47630

  Registry ID: 110070328152

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ALCOA, INC.entered 2000-06-14

  Primary law: CWA

Timeline (7 milestones)

• 1997-12-31Referred To Dept Of Justice
• 1998-07-28Enforcement Action Data Entered
• 2000-03-13Final Order Lodged
• 2000-03-13Complaint Filed With Court
• 2000-06-14Final Order Entered
• 2004-06-03Enforcement Action Closed
• 2004-06-03NPDES Closed