EPA v. ALUMINUM COMPANY OF AMERICA, INC. (ALCOA)

Case summary

THIS CASE IS BEING REFERRED TO U.S. DOJ FOR THE FILING OF A CIVIL ACTION AGAINST ALCOA FOR ALCOA'S VIOLATIONS OF SECTIONS 301 AND 402 OF THE CWA. ALCOA'S VIOLATIONS START FROM ITS DISCHARGE OF POLLUTANT AND TOXIC EFFLUENT FROM ITS FACILITY INTO ELLIOTT DITCH, AT LEVELS THAT EXCEED NPDES PERMIT DISCHARGE LIMITS FOR CERTAIN POLLUTANTS. U.S. EPA IS SEEKING A SUBSTANTIAL CIVIL PENALTY AS WELL AS INJUNCTIVE RELIEF. INFORMATION ON PERMIT AND PERMIT APPLICATIONS, PLANT OPERATION, WASTEWATER GENERATION AND TREATMENT, RAW MATERIALS USED, DISCHARGE MONITORING, PCB SOURCES, ENFORCE- MENT HISTORY, TOXICITY TESTS, STUDIES ON WATER USAGE, ETC. THE CCDS FOR ALCOA, LAFAYETTE ORDER V-W-98-AO-08 quantitative environmental impacts of any pollutants reduction/elimination are difficult to estimate due to its projects natures. Historically, Alcoa used PCBs at its facility in its extrusion presses, furnaces, and other machinery that required hydraulic oil for operation. PCBs were the lubricant of choice because of their high heat-resistant properties. The Indiana 305(b) Water Quality Report for 1994-1995 identified that all waters in the Wabash River Basin are under a general fish consumption advisory for PCBs and mercury. The 305(b) report identified that source of PCB contamination is the Alcoa facility which is known to have discharged low levels of PCBs to Elliott Ditch in the past and still continues. The Elliott Ditch flows westward and empties into Wea Creek, a tributary of the Wabash River.

Defendants (1)

• ALUMINUM COMPANY OF AMERICA, INC. (ALCOANamed in complaintNamed in settlement

Facilities (2)

• ARCONIC US LLC

  3131 MAIN ST, LAFAYETTE, IN, 479052272

  Registry ID: 110000404198

• ARCONIC US LLC

  3131 MAIN ST, LAFAYETTE, IN, 479052272

  Registry ID: 110000404198

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• ALCOA - Lafayetteentered 2002-03-28

  Primary law: CWA

  Federal penalty: $550,000 · SEP: $2,000,000

Timeline (6 milestones)

• 1998-09-25Referred To Dept Of Justice
• 1998-10-09Enforcement Action Data Entered
• 1999-06-11Complaint Filed With Court
• 2002-01-16Final Order Lodged
• 2002-03-28Final Order Entered
• 2012-02-17Demand for Stipulated Penalties