EPA v. BTL SPECIALTY RESINS CORP

Case summary

DATA SHEET: * VIOLATIONS: NUMEROUS VIOLATIONS OF PERMIT CONDITIONS AND LIMITS. * PROPOSED RELIEF: REGION VI PROPOSES A PENALTY OF $85,000, PLUS AN INJUNC- TION WHICH REQUIRES BTL TO COMPLY WITH THE TERMS OF ITS PERMIT. * RECENT CONTACTS: AN ADMIN ORDER WAS ISSUED ON MAY 26, 1987, ORDERING BTL TO SHOW CAUSE WHY FURTHER ENFORCEMENT ACTION SHOULD NOT BE TAKEN. A MEETING WAS HELD IN JULY 1987. MANY INFORMAL CONTACT HAVE BEEN MADE WITH COMPANY. * * SYNOPSIS OF CASE: AFTER BTL SPECIALTY RESIN CORP ACQUIRED THE MALVERN FACILITY FROM MALVERN CHEMICAL IN 1984, IT MODIFIED THE PRODUCTION LINE AND EXPANDED PRODUCTION LEVELS. MALVERN CHEMICAL HAD APPLIED FOR A NPDES PERMIT BASE ON INFORMATION WHICH WAS VALID FOR THE FACILITY PRIOR TO THE ACQUISITION BY BTL. * AFTER A YEAR OF OPERATION, BTL ALTERED ITS PROCESSES FUR- THER, NECESSITATING FREQUENT CLEANING OF ITS EQUIPMENT. THE DISCHARGED CLEANING SOLUTION INCREASED COD IN THE PONDS. * IN JAN 1986, EPA ISSUED A DRAFT PERMIT TO BTL. THE PERMIT LIMITS HAD BEEN ESTABLISHED BASED ON INFORMATION SUPPLIED BY MALVERN CHEMICAL. AFTER THE DRAFT PERMIT WAS ISSUED, BTL INFORMED EPA OF THE CHANGES WHICH HAD OCCURRED SINCE IT ACQUIRED THE FACILITY. * EPA ISSUED A MODIFIED PERMIT TO BTL IN AUGUST 1986. IT REFLECTED SOME OF THE CHANGES THAT BTL REQUESTED. * BTL IS NOT A CONTINUOUS DISCHARGER. RATHER, IT CAN ACCUMU- LATE WASTEWATER IN PONDS AND DISCHARGE INTERMITTENTLY. * BTL ADDED A NEW RESIN KETTLE IN NOV 1986. FOLLOWING ITS ADDITION, EFFLUENT SAMPLES TAKEN IN NOV SHOWED EXCESSIVE LEVELS OF FORMALDEHYDE. ON DEC 5, 1986, BTL RECEIVED CON- FIRMATION THAT AN INCREASE IN FORMALDEHYDE CONCENTRATIONS HAD BEEN OBSERVED IN EFFLUENT DATA FROM OUTFALL 001. TO REDUCE THE FORMALDEHYDE LEVELS, BTL INSTALLED A REMEDIAL TREATMENT SYSTEM WHICH USED CHLORINE DIOXIDE. RESIDUAL CHLORINE CONCENTRATIONS WERE TOO HIGH AS A RESULT OF THAT TREATMENT. AT EPA'S INSISTENCE, BTL DISCONTINUED USE OF CHLORINE DIOXIDE ON DEC 30, 1986. * BECAUSE OF THE VIOLATIONS, BTL MET WITH EPA ON JAN 14, 1987. DURING THAT MEETING, BTL ASSURED EPA THAT AN EARLIER PRO- BLEM, THE DEATH OF ITS BOIMASS, HAD BEEN ADDRESSED, AND BIO- LOGICAL TREATEMENT WAS RETURNING TO NORMAL. BTL'S REPS INDICATED THAT THEIR ONLY COMPLIANCE PROBLEM RELATED TO AMMONIA NITROGEN. HOWEVER, THE JAN, FEB, MARCH, AND APRIL DMRS SHOWED VIOLATIONS OF VIRTUALLY ALL PARAMETERS. * BL HAS APPLIED FOR A MODIFICATION OF ITS PERMIT BASED ON ITS INABILITY TO MEET THE PERMIT LIMITS. THE ADPC&E IS CONSIDERING THE MODIFICATION.

Defendants (1)

• BTL SPECIALTY RESINS CORP.Named in complaintNamed in settlement

Facilities (1)

• MALVERN

  ROUTE 3 APPROXIMATELY 5.6M E, MALVERN, AR, 72104

  Registry ID: 110010743990

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BTL SPECIALTY RESINS CORP.entered 1992-04-06

  Primary law: CWA

  Federal penalty: $137,500

Timeline (9 milestones)

• 1987-12-24Enforcement Action Data Entered
• 1987-12-24Referred To Headquarters
• 1988-02-08Referred To Dept Of Justice
• 1992-03-26Referred TO U.S. Attorney
• 1992-04-03Complaint Filed With Court
• 1992-04-06Final Order Lodged
• 1992-04-06Final Order Entered
• 1992-04-06Concluded
• 1992-04-29Enforcement Action Closed