EPA v. CLEAN WATER LTD

Case summary

Clean Water Limited, CWL, (formerly known as Permafix of Dayton) is an off-site waste and recovery operation that processes industrial wastewater and industrial oils at 300 Cherokee Drive, Dayton, Ohio 45427 (the Facility). The Facility is a major source of hazardous air pollutants and a significant source of volatile organic compounds. Between 2010 and 2014, U.S. EPA and RAPCA found CWL continued to violate Subpart DD and the Ohio SIP. These violations were also violations of a Consent Decree entered between Permafix of Dayton and the United States in 2008 (2008 CD). U.S. EPA and RAPCA coordinated efforts to address these violations. U.S. EPA gave deference to OEPA and RAPCA to resolve the violations through a State action. However, after a year of RAPCA-led negotiations, CWL failed to return to compliance. After a breakdown of negotiations, OEPA and RAPCA requested U.S. EPA?s involvement. U.S. EPA began to lead negotiations in this case in 2014 which culminated into the attached Amended CD which is expected to bring CWL back into continuous compliance with applicable Clean Air Act requirements. The Amended CD requires, among other things, CWL to 1) Install and operate a New Regenerative Thermal Oxidizer. 2) Install and operate of multiple moisture removal technologies. 3) Develop and implement of a Preventative Maintenance and Operations plan. 4) Conduct performance testing, continuous monitoring, reporting, and recordkeeping. 5) Pay of accrued Stipulated Penalty and Civil Penalty of $15,000 (based on an ability to pay analysis) to be divided evenly between U.S. EPA and the State.

Defendants (1)

• CLEAN WATER LTDNamed in complaintNamed in settlement

Facilities (6)

• VALICOR ENVIRONMENTAL SERVICES, LLC

  300 CHEROKEE DRIVE, DAYTON, OH, 45417

  Registry ID: 110042041581

• VALICOR ENVIRONMENTAL SERVICES, LLC

  300 CHEROKEE DRIVE, DAYTON, OH, 45417

  Registry ID: 110042041581

• VALICOR ENVIRONMENTAL SERVICES, LLC

  300 CHEROKEE DRIVE, DAYTON, OH, 45417

  Registry ID: 110042041581

• VALICOR ENVIRONMENTAL SERVICES, LLC

  300 CHEROKEE DRIVE, DAYTON, OH, 45417

  Registry ID: 110042041581

• VALICOR ENVIRONMENTAL SERVICES, LLC

  300 CHEROKEE DRIVE, DAYTON, OH, 45417

  Registry ID: 110042041581

• VALICOR ENVIRONMENTAL SERVICES, LLC

  300 CHEROKEE DRIVE, DAYTON, OH, 45417

  Registry ID: 110042041581

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 112D — MACT Standards

Enforcement conclusions (1)

• CLEAN WATER LTDentered 2018-10-01

  Primary law: CAA

  Federal penalty: $7,500 · State/local: $7,500

Timeline (5 milestones)

• 2015-09-24Referred To Dept Of Justice
• 2015-09-29Enforcement Action Data Entered
• 2017-09-14Complaint Filed With Court
• 2017-09-15Final Order Lodged
• 2018-10-01Final Order Entered