EPA v. GAYLORD CONTAINER CORPORATION, BOGALUSA, LA

Case summary

DATA SHEET: * DEFENDANTS: GAYLORD CONTAINER CORP OWNS AND OPERATES A PAPER AND PULP MILL AND MANUFACTURES CORRUGATED CONTAINERS AND PAPER FIBER BOARD PRODUCTS. GAYLORD CONTAINER CORP, IS A SUCCESSOR TO CROWN ZELLERBACH CORP, WITH PRESENT CONTROL HAVING SUCCEEDED IN NOV 1986. GAYLORD CONTAINER IS A SUBSIDIARY OF GOSL ACQUIESITION CORP. * VIOLATIONS: ON OCT 7, 1987, GAYLORD CONTAINER CORP, NOTIFIED EPA OF AN UNAUTHORIZED DISCHARGE AND RESULTANT FISHKILL FROM ITS FACILITY. THE DISCHARGE WAS DESCRIBED AS HAVING BEEN CAUSED BY AN EQUIPMENT PROBLEM WHICH RESULTED IN THE FACI- LITY'S SUMP PUMPS SHUTTING DOWN. GAYLORD'S NPDES PERMIT AUTHORIZES THEIR TREATED WASTEWATER TO BE DISCHARGED INTO PEAR RIVER AND NOT INTO THE BOGUE LUSA CREEK, AND YET THE FISCHKILL OCCURRED IN THE CREEK. THE REFERRAL ALSO CITES OTHER SIMILIAR UNAUTHORIZED DISCHARGES INTO THE CREEK AND OTHER EFFLUENT LIMIT VIOLATIONS. * PROPOSED RELIEF: SETTLEMENT IN THE FORM OF A CONSENT DECREE, WHICH SHOULD ENCOMPASS A CIVIL PENALTY AND REMEDIAL RELIEF TO INCLUDE CONSTRUCTION PLANS AND SCHEDULES IF REQUIRED, SO AS TO PREVENT ANY FUTRUE RELEASES INTO THE BOGUE LUSA CREEK. * RECENT CONTACT W/DEFENDANTS: THE MOST RECENT MEETING WITH REPS OF THE GAYLORD CONTAINER CORP, WAS HELD ON OCT 14, 1987, SUBSEQUENT TO WHICH THIS ACTION IS BEING RECOMMENDED. * CASE SYNOPSIS: ON OR ABOUT OCT 7, 1987, THE EPA WAS TELEPHONICALLY NOTIFIED BY THE GAYLORD CONTAINER CORP, BOGALUSA, LA OF UNAUTHORIZED DISCHARGE AND RESULTANT FISHKILL FROM ITS FACILITY. THIS GAYLORD CONTAINER FACILITY IS A PAPER AND PULP MILL AND MANUFACTURES CORRUGATED CONTAINERS AND PAPER FIBER BOARD PRODUCTS. AS A FOLLOW-UP TO THE TELEPHONE CALL, GAYLOR, BY LETTER DATED OCT 13, 1987, PROVIDED A MORE COMPLETE EXPLANATION OF THE RELEASE FISHKILL. THE DISCHARGE WAS DESCRIBED AS HAVING BEEN CAUSED BY AN EQUIPMENT PROBLEM WHICH RESULTED IN ALL FOUR OF THE FACILITY'S SUMP PUMPS SHUTTING DOWN. THE DISCHARGE OCCURRED AT APPROX 1:00 AM AND CONTINUED UNTIL APPROX 3:00 AM ON OCT 6, 1987. THE MILL PUMPS ARE OPERATED AUTOMATICALLY USING A LEVEL CONTROL- LER IN A SUMP TO TRUN ON THE REQUIRED NUMBER OF PUMPS NEEDED. THE SYSTEM IS AIR OPERATED AND DURING THE NIGHT OF OCT 6, 1987, STEAM IN THE AIR LINES CONDENSED AND INDICA- TED LOW LEVEL AND INCORRECTLY SHUT DOWN ALL INFLUENT PUMPS TO THE WASTEWATER TREATMENT PLANT FROM THE MILL WASTE SUMP. THIS SUMP STORES EFFLUENT FROM THE WOOD MILL, PULP MILLS, SMALL CHEMICAL PLANT AND BLEACH PLANT. * THE RESULT WAS THE DISCHARGE OF APPROX 1.93 MILLION GALLONS OF TOTALLY UNTREATED MILL WASTE TO BE DISCHARGED INTO THE BOGUE LUSA CREEK. REPORTEDLY, ONE-HALF MILE TO 3/4 OF A MILE OF DEAD FISH WERE OBSERVED BY THE PERMITTEE IN THE CREEK FOLLOWING THE DISCHARGE. * THE OCT 13, 1987, LETTER FURTHER STATES THAT THE CAUSE OF THE MOISTURE IN THE AIR LINE WAS A CHECK VALVE FAILURE IN A CONNECTING LINE FROM A STEAM LINE. ADDITIONALLY, THE AIR LINE IS USED TO CLEAN OUT THE PRODUCTS LINE WHICH IS THE REASON FOR THE CROSS CONNECTION AND

Defendants (1)

• GAYLORD CONTAINER CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• GAYLORD CONTAINER CORPORATION

  455 AVENUE S, BOGALUSA, LA, 70427

  Registry ID: 110031000333

• GAYLORD CONTAINER CORPORATION

  455 AVENUE S, BOGALUSA, LA, 70427

  Registry ID: 110031000333

Statutes cited

• CWA 402 — Clean Water Act
• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• GAYLORD CONTAINER CORPORATIONentered 1991-04-03

  Primary law: CWA

  Federal penalty: $25,000

Timeline (8 milestones)

• 1988-03-15Enforcement Action Data Entered
• 1988-03-15Referred To Headquarters
• 1988-04-28Referred To Dept Of Justice
• 1991-04-02Complaint Filed With Court
• 1991-04-03Final Order Lodged
• 1991-04-03Final Order Entered
• 1991-04-03Concluded
• 1991-04-12Enforcement Action Closed