EPA v. PIPER INDUSTRIES, INCORPORATED

Case summary

DATA SHEET: * DEFENDANT: PIPER INDUSTRIES OWNS AND OPERATES A WIRE PRODUCTS PLANT IN CLARENDON, AR WHICH IS THE SUBJECT OF THIS REFERRAL. * VIOLATIONS: FAILURE TO COMPLY WITH PERMIT AND INTERIM EFFLUENT LIMITS, FAILURE TO SUBMIT NONCOMPLIANCE REPORTS SINCE 1982 AND FAIL- URE TO COMPLY WITH THREE AOS. * PROPOSED RELIEF: SETTLEMENT IN THE FORM OF A CONSENT DECREE AND A MINIMUM PENALTY IN THE AMOUNT OF $27,000. * * CASE SYNOPSIS: PIPER INDUSTRIES, INC. OWNS AND OPERATES AN ELECTROPLATING OPERATION IN CLARENDON, AR. THIS FACILITY BECAME OPERA- TIONAL IN 1958 UNDER THE STODDARD-QUIRK CORP. IN 1977, PIPER ASSUMED OWNERSHIP. PIPER IS CLASSIFIED AS A MAJOR FACILITY ALTHOUGH IT DISCHARGES ONLY ABOUT 10,000 GPD. * EPA ISSUED NPDES PERMIT NO. AR0034851 IN FEB 1978. THIS PERMIT EXPIRED IN DEC 1980 (EXHIBIT A), BUT WAS ADMIN. EXTENDED. PIPER MADE TIMELY APPLICATION FOR RENEWAL PUR- SUANT TO 40 CFR 122.6 AND 122.21. EPA REISSUED THE PERMIT IN JAN 1986. THE CURRENT PERMIT EXPIRES IN JAN 1991 (EXHI- BIT B). THE TREATMENT FACILITY DISCHARGES TO THE WHITE RIVER. * PIPER HAS BEEN CONSISTENLY NONCOMPLIANT WITH NPDES PERMIT EFFLUENT LIMITS SINCE 1982. IN JAN 1986 PIPER RECEIVED A NEW PERMIT WITH LESS STRINGENT LIMITS AND STILL REMAINED NONCOMPLIANT. SINCE MARCH 1986, PIPER HAS BEEN OPERATING UNDER EVEN MORE RELAXED INTERIM EFFLUENT LIMITS FOR ZINC, WHICH THE FACILITY HAS ALSO FAILED TO MEET. * THIS REFERRAL SEEKS COMPLIANCE WITH THE CWA AND STATUTORY PENALTIES FOR UNAUTHORIZED DISCHARGES IN VIOLATION OF THE ACT, 33 USC 1251 ET SEQ/ TJHE ADMIN., PURSUANT TO SECTION 309(B) OF THE ACT, 33 USC 1319(B), MAY COMMENCE A CIVIL ACTION AGAINST THE CO FOR VIOLATIONS OF THE ACT. * IT IS REQUESTED THAT REPS OF REGION VI MEET WITH THE COM- PANY TO DISCUSS THE POTENTIAL FOR SETTLEMENT IN THIS MATTER.

Defendants (1)

• PIPER INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (1)

• BAIRD MANUFACTURING INCORPORATED

  HIGHWAY 79 EAST, CLARENDON, AR, 72029

  Registry ID: 110000867919

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• PIPER INDUSTRIESentered 1989-12-11

  Primary law: CWA

  Federal penalty: $40,000

Timeline (8 milestones)

• 1987-08-26Enforcement Action Data Entered
• 1987-08-26Referred To Headquarters
• 1987-09-15Referred To Dept Of Justice
• 1989-12-11Concluded
• 1989-12-11Enforcement Action Closed
• 1989-12-11Final Order Lodged
• 1989-12-11Final Order Entered
• 1989-12-11Complaint Filed With Court